IN RE: Terrell H. (2015)

Zachary W. Carter, Corporation Counsel, New York (Emma Grunberg of counsel), for presentment agency.

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Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 4, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal trespass in the second degree, and placed him with the Close to Home program for a period of eight months, unanimously affirmed, without costs.

The court properly denied appellant's motion to suppress his statements to the police.   During a lawful investigatory detention (see People v. Galloway, 40 AD3d 240 [1st Dept 2007] ), lv denied 9 NY3d 844 [2007] ) the police only asked clarifying questions that did not require Miranda warnings (see People v. Huffman, 41 N.Y.2d 29, 33–34 [1976];  Matter of Rennette B., 281 A.D.2d 78 [1st Dept 2001] ).   An investigatory seizure of a suspect does not necessarily require the police to administer Miranda warnings before asking any questions (see Berkemer v. McCarty, 468 U.S. 420, 436–437 [1984];  People v. Bennett, 70 N.Y.2d 891 [1987] ).

The fact-finding determination was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007] ).   There is no basis for disturbing the court's credibility determinations.

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DEPUTY CLERK