2008 NY Int. 93
This opinion is uncorrected and subject to revision before publication in the Official Reports.
2008 NY Slip Op 05355
Decided on June 12, 2008
No. 135 SSM 13
The People & c., Respondent,
v
John Malaussena, Appellant.
Submitted by Joseph M. Nursey, for appellant.
Submitted by Jacob Kaplan, for respondent.
MEMORANDUM
The order of the Appellate Division should be affirmed.
The trial court did not err in declining to suppress defendant's confessions. Even assuming that he was in custody once a detective observed blood on defendant's shoe, any violation of Miranda v Arizona 384 US 436 [1966]) did not infect his post-Miranda admissions. Defendant voluntarily appeared at the police station to speak to detectives, he did not incriminate himself prior to receiving Miranda warnings and there was only a brief exchange between the detectives and defendant once the interview arguably became a custodial interrogation. Moreover, although the initial post-Miranda interview was conducted by the same detectives and in the same room as the pre-Miranda discussions, defendant's decision to disclose the incriminatory information was not the function of a single continuous chain of events since questioning ceased for approximately four hours before he received Miranda warnings and confessed for the first time (see People v White, __ NY3d __, __, 2008 NY Slip Op 02500, *5 [March 20, 2008]). Consequently, the courts below correctly concluded that the statements were admissible.
Defendant's additional contention also lacks merit.
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided June 12, 2008