People v. LaBreck

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s motion to suppress oral statements given on December 16, 1997 and oral and written statements given on December 17, 1997. Although defendant was in handcuffs for a period of time on December 16, 1997, the record supports the court’s finding that defendant was not in custody (see, People v Yukl, 25 NY2d 585, 589, rearg denied 26 NY2d 883, cert denied 400 US 851; see also, People v Allen, 73 NY2d 378, 379-380). Defendant was restrained because she was belligerent and interfering with ambulance personnel who…