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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDERSON SCRUBB, Appellant.

Ordered that the judgment is affirmed.

The defendant contends that physical evidence and statements he made to police which were admitted into evidence during his trial should have been suppressed. However, the People's evidence at the suppression hearing established that the defendant voluntarily consented to accompany an officer to the precinct station house, where he was given and voluntarily waived his Miranda rights ( see Miranda v Arizona, 384 US 436), and that he was not in custody once there ( see People v Pegues, 59 AD3d 570; People v Mosley, 196 AD2d 893). Accordingly, that branch of the defendant's omnibus motion which was to suppress the statements he made after being advised of his Miranda rights, and the physical evidence derived as a result of those statements, was properly denied ( see People v Leggio, 305 AD2d 518, 519; People v Heitman, 282 AD2d 619).

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PEOPLE v. SCRUBB
(Feb 23, 2010)