People v Moy (Theodore)

[*1] People v Moy (Theodore) 2005 NY Slip Op 50135(U) Decided on February 7, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 7, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. PHYLLIS GANGEL-JACOB, Justices.
570603/03

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

Theodore Moy, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court, New York County, rendered November 13, 2002 (Ruth Pickholz, J.) convicting him, upon a plea of guilty, of criminal possession of a weapon in the fourth degree (Penal Law § 265.01), and imposing sentence.

PER CURIAM:

Judgment of conviction rendered November 13, 2002 (Ruth Pickholz, J.) affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant freely admitted the responding police officers to his apartment, cooperated with their efforts to investigate the domestic dispute and the possible presence of guns, and consented to a search. Miranda warnings were unnecessary because defendant was not in custody during the police questioning, which was investigatory, rather than accusatory in nature. A reasonable person would not have considered himself to be in custody (see People v Cowell, 11 AD3d 292 [2004]). [*2]

This constitutes the decision and order of the court.
Decision Date: February 07, 2005