People v. Johnson

Judgment, Supreme Court, Bronx County (Seth L. Marvin, J., at suppression hearing; Peter J. Benitez, J., at jury trial and sentencing), rendered August 13, 2012, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court’s suppression rulings were proper. The initial police questioning at issue did not require Miranda warnings, because a reasonable innocent person in defendant’s position would not have thought he was in custody (see People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]). Defendant…