Majority
p. 961[687 NE2d 1329, 665 NYS2d 46] The People of the State of New York, Respondent, v Santos Cruz, Appellant. Argued September 17, 1997; decided October 16, 1997
p. 962
APPEARANCES OF COUNSEL
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
Memorandum.
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.
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Order affirmed in a memorandum.