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PEOPLE v. CARVEY
Appellate Division of the Supreme Court of New York, Second Department.
Mar 10, 2009
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Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials since a reasonable person, innocent of any crime, would not have believed that he was in custody at the time the defendant made his statements ( see People v Ballard, 16 AD3d 697, 698).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).
The defendant's remaining contention is without merit.
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