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MIRANDA WARNINGS AND 710.30 NOTICE NOT REQUIRED; DEFENDANT’S STATEMENT HE RESIDED AT THE APARTMENT WHERE CONTRABAND WAS FOUND WAS IN RESPONSE TO PEDIGREE QUESTIONS.

The First Department determined the defendant’s statement that he lived in the apartment which was searched and where contraband was found did not require Miranda warnings or a 710.30 notice:

Neither Miranda warnings nor CPL 710.30(1)(a) notice was required with respect to defendant’s statement, in response to a detective’s pedigree question, that his residence was the apartment where the police had executed a search warrant and discovered contraband. The detective’s routine administrative questioning was not designed to elicit an incriminating response … , even if the answer was reasonably likely to be incriminating … . People v Martin, 2017 NY Slip Op 01309, 1st Dep 2-21-17

 

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