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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN TAYLOR, Appellant.

Judgment affirmed.

The record of the hearing held on the branch of the defendant's omnibus motion which was to suppress conclusively shows that the statement made by the defendant while being handcuffed and escorted to the police car was spontaneous, and was not in response to any police interrogation (see, Rhode Is. v. Innis, 446 U.S. 291; People v. Huffman, 61 N.Y.2d 795; People v. Bryant, 59 N.Y.2d 786; People v. Lawrence, 116 A.D.2d 664; People v Bonacorsa, 115 A.D.2d 546; People v. Joyner, 109 A.D.2d 753; cf. People v. Ferro, 63 N.Y.2d 316, cert denied 472 U.S. 1007). The branch of the defendant's motion which was to suppress, insofar as it related to this statement, was therefore properly denied. The defendant's remaining contentions have been reviewed and are without merit. Bracken, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.

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PEOPLE v. TAYLOR
(Jun 16, 1986)