Opinion
February 16, 1993
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
It is well settled that the test to determine whether a person is in custody so as to trigger the requirement that Miranda warnings be given is whether a reasonable person, innocent of any crime, would have thought that he or she was in custody (see, People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). That the questioning takes place in a police station, or that a person is read his or her rights, does not automatically transform investigatory questioning into a custodial interrogation, even if that person is a "suspect" (see, People v Smedman, 184 A.D.2d 600). In the case before us, the defendant voluntarily agreed to accompany the police officers to the station house for questioning. At no time were his movements restricted, nor was he subjected to displays of official force or power (see, People v Blake, 177 A.D.2d 636). That the defendant was advised of his constitutional rights at one point during his conversation with the Captain does not necessarily lead to the conclusion that he was in custody (see, People v Eke-Spiff, 128 A.D.2d 889; People v Oates, 104 A.D.2d 907).
Viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The evidence established that the victim died as a result of a knife wound to the chest which pierced her heart, and as a result of strangulation and asphyxiation. Any one of these acts, either alone or together, could have caused her death. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review (see, People v Tardbania, 72 N.Y.2d 852, 853; People v Ford, 69 N.Y.2d 775, 776; People v Vidal, 26 N.Y.2d 249, 254). Mangano, P.J., Rosenblatt, Ritter and Santucci, JJ., concur.