THE PEOPLE &C., RESPONDENT, v. SANTOS CRUZ, APPELLANT.

90 N.Y.2d 961, 687 N.E.2d 1329, 665 N.Y.S.2d 46 (1997).
October 16, 1997

1 No. 193

[97 NY Int. 0154]
Decided October 16, 1997

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Andrea G. Hirsch, for appellant.
Robert L. Moore, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed.

That court specifically affirmed the hearing court's finding that defendant's statements were not the product of custodial interrogation. The court's ruling constitutes adetermination on a mixed question of law and fact and, inasmuch as there is support in the record for the determination, it is beyond further review by this Court. Thus, the statements made by defendant in response to the questions of a police officer on the street were admissible despite the lack of prior Miranda warnings.

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided October 16, 1997

THE PEOPLE &C., RESPONDENT, v. SANTOS CRUZ, APPELLANT.

90 N.Y.2d 961, 687 N.E.2d 1329, 665 N.Y.S.2d 46 (1997). October 16, 1997

90 N.Y.2d 961, 687 N.E.2d 1329, 665 N.Y.S.2d 46 (1997).
October 16, 1997