The Third Department determined the questioning of defendant by police at defendant’s home did not constitute custodial interrogation requiring Miranda warnings:

At  the  Huntley  hearing, the  two  officers testified that they  informed  defendant  of  the  reason  for  their  visit, were invited into his home, sat around a dining room table and engaged in small talk about  various topics. Defendant was not restrained, he was cooperative and the conversation was cordial, including when discussing the victim’s allegations. The questions regarding the victim were investigatory and not accusatory in tone. After about 30 minutes to an hour and defendant’s acknowledgment of the veracity of some of the  victim’s claims, he  was  asked  to  accompany  the  officers to  the Sheriff’s Department,  he  agreed  to  go  in the  officers’ unmarked vehicle and he was not at any time placed in handcuffs.  People v Vieou, 104521, 3rd Dept, 6-6-13

SUPPRESSION