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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MARLETTI, Appellant.

Judgment affirmed.

The stop of the automobile defendant was driving, along with the seizure of the gun which was in open view, was reasonable and proper ( People v. Singleton, 50 A.D.2d 939, affd 41 N.Y.2d 402). Moreover, the statements defendant made were in response to legitimate, on-the-scene questioning and were not the product of custodial interrogation and thus were properly admitted into evidence ( Miranda v. Arizona, 384 U.S. 436, 477-478). Defendant's other contentions are either unpreserved or without merit. Titone, J.P., Gibbons, Bracken and Weinstein, JJ., concur.

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PEOPLE v. MARLETTI
(Dec 3, 1984)