| People v Reyes |
| 2010 NY Slip Op 07475 [77 AD3d 509] |
| October 21, 2010 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JoseReyes, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Harold Enten, J.H.O., at hearing; Ralph Fabrizio, J., atnonjury trial and sentence), rendered June 27, 2005, convicting defendant of attempted criminalpossession of a weapon in the fourth degree and attempted possession of ammunition, and sentencinghim to a term of one year's probation and a conditional discharge, unanimously reversed, on the law,defendant's motion to suppress statements and physical evidence granted, and the informationdismissed.
Defendant's statements admitting that he had a pistol in his apartment and informing the detectivesof its location were the product of custodial questioning that should have been preceded byMiranda warnings. Detectives who had anonymous information that defendant had a pistol inhis apartment, and also that he had an outstanding warrant for failing to respond to a summons, went todefendant's apartment and entered with his consent. Since the detectives told defendant they had awarrant for his arrest, a reasonable person in his position would not believe he was free to leave(see People v Yukl, 25 NY2d 585 [1969], cert denied 400 US 851 [1970]). Theinquiry as to whether he had a weapon was likely to elicit an incriminating response, and it did notconstitute a threshold, clarifying or exigent inquiry under the circumstances (compare People vHuffman, 41 NY2d 29 [1976]). As the People concede that the pistol and ammunition also shouldbe suppressed in the event we conclude the statement should be suppressed, the motion is granted in itsentirety.
In view of this determination, we find it unnecessary to reach any other issues.Concur—Gonzalez, P.J., Andrias, Nardelli, McGuire and Abdus-Salaam, JJ.