Majority
p. 839[640 NE2d 1134, 616 NYS2d 900] The People of the State of New York, Respondent, v Angel Vargas Diaz, Also Known as Felipe, Appellant. Decided September 8, 1994
p. 840
APPEARANCES OF COUNSEL
Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for appellant.
Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Sufficient evidence exists to support the hearing court’s determination that defendant voluntarily consented to accompany the police officers to the station on March 13, 1991, and was not in custody when he made an exculpatory statement (see, People v Yukl, 25 NY2d 585 , 588-589, cert denied 400 US 851 ).
Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
Cases cited
- People v. Yukl 25 NY2d 585 at 588-589 p. 840