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PEOPLE, res, v. DAVID ANDRANGO, def-ap

10024. PEOPLE, res, v. DAVID ANDRANGO, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for res — Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 12, 2010, convicting defendant, upon his plea of guilty, of murder in the first degree and robbery in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

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10024. PEOPLE, res, v. DAVID ANDRANGO, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Sylvia Wertheimer of counsel), for res — Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered April 12, 2010, convicting defendant, upon his plea of guilty, of murder in the first degree and robbery in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

The court properly denied defendant’s motion to suppress his statements to the police and to a prosecutor. The record supports the court’s finding that when defendant made a statement prior to receiving Miranda warnings, a reasonable innocent person in his position would not have thought that he was in custody (see People v. Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]). Defendant agreed to accompany the police to the precinct, where he remained in an interview room. During the relatively brief period that preceded Miranda warnings, the police did not handcuff or restrain defendant or do anything to convey that he was not free to leave, and the questioning was investigatory rather than accusatory (see e.g. People v. Samuel, 92 AD3d 466 [1st Dept 2012], lv denied 19 NY3d 867 [2012]; People v. Dillhunt, 41 AD3d 216, 217 [1st Dept 2007], lv denied 10 NY3d 764 [2008]).

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