PEOPLE v. NIEVES (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Respondent, v. Julio NIEVES, Appellant. (Appeal No. 1.)

Decided: February 10, 1999

Present: DENMAN, P.J., PINE, HAYES, WISNER and CALLAHAN, JJ.

Edward J. Nowak, Rochester, for Appellant. Howard R. Relin, Rochester, for Respondent.

Supreme Court properly denied the motion to suppress defendant's statements to the police. The record supports the court's determination that defendant was not in custody when he made his initial incriminating remarks (see, People v. Yukl, 25 N.Y.2d 585, 589, 307 N.Y.S.2d 857, 256 N.E.2d 172, rearg. denied 26 N.Y.2d 883, 309 N.Y.S.2d 1032, 258 N.E.2d 223, cert. denied 400 U.S. 851, 91 S.Ct. 78, 27 L.Ed.2d 89) and that defendant was not thereafter interrogated in the patrol car (see, People v. Ferro, 63 N.Y.2d 316, 322-323, 482 N.Y.S.2d 237, 472 N.E.2d 13, cert. denied 472 U.S. 1007, 105 S.Ct. 2700, 86 L.Ed.2d 717). The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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