United States Second Circuit

A state court's determination that pointing a gun at a suspect and saying "Police! Don't move! Put your hands up!" is not custody for Miranda purposes is a reasonable application of clearly established Supreme Court law.

Appellate Information

• Argued 05/02/2001
• Decided 06/22/2001
• Published 06/22/2001

Judges

• JON O. NEWMAN, Circuit Judge., Before JON O. NEWMAN, and JOSÉ A. CABRANES, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Andrea G. Hirsch, New York, NY, for petitioner-appellant.


• For Appellees:
  
• Kimberly Morgan, Asst. Dist. Atty., (Robert T. Johnson, Dist. Atty., Joseph N. Ferdenzi, Asst. Dist. Atty., Bronx, NY, on the brief), for respondent-appellee.