PEOPLE v. CRUZ (1997)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Santos CRUZ, Appellant.

Decided: October 16, 1997

Andrea G. Hirsch, New York City, for appellant. Robert T. Johnson, District Attorney of Bronx County, Bronx (Robert L. Moore and Peter D. Coddington, of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed.

That Court specifically affirmed the hearing court's finding that defendant's statements were not the product of custodial interrogation. The court's ruling constitutes a determination on a mixed question of law and fact and, inasmuch as there is support in the record for the determination, it is beyond further review by this Court. Thus, the statements made by defendant in response to the questions of a police officer on the street were admissible despite the lack of prior Miranda warnings.

Order affirmed in a memorandum.

MEMORANDUM.

KAYE, C.J., and TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY, JJ., concur.

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