Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered July 2, 2010.
The opinion of the court was delivered by: Smith, J.
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
The judgment convicted defendant, upon a jury verdict, of murder in the second degree.
This appeal requires, inter alia, that we determine whether County Court properly denied defendant's
motion to suppress statements that he made, including those he made to law enforcement agents
when they questioned him in the absence of Miranda warnings and after he invoked the right to counsel.
Under the unique circumstances presented, we conclude that the Genesee County Sheriff's Deputies
(hereafter, deputies) did not violate defendant's rights by detaining and questioning him until they discovered the victim's body.
After a Genesee County grand jury issued an indictment charging defendant with murder in the second degree (Penal Law § 125.25  [intentional murder]), he moved, inter alia, to suppress statements he made to the deputies and others prior to his arrest, as well as certain tangible evidence. The evidence at the suppression hearing establishes that, at approximately 8:51 in the evening of February 16, 2009, Genesee County Sheriff's Deputy James Diehl responded to a 911 telephone call regarding a suspicious person. The caller indicated that the person was wearing a one-piece camouflage suit and a white hood, and that he was walking near a certain intersection. Diehl stopped his patrol vehicle when he observed defendant, who fit the description, walking a short distance from that intersection. As defendant approached Diehl's patrol vehicle, he dropped a metal object that Diehl later discovered to be a car jack. Diehl nodded toward a cylindrical object in defendant's pocket, and defendant displayed the object, which was a lug wrench.
Diehl observed what appeared to be wet blood stains on the knees and thighs of defendant's camouflage suit, and on defendant's sneakers and hands. At that point, Diehl requested identification, and defendant complied. When Diehl asked defendant what he was doing, defendant responded that he was walking in order to lower his cholesterol because he had a doctor's appointment the next morning. Defendant also said that he was going to a friend's house nearby, that he had dropped a car off at a local auction house and decided to stop and walk on the way back home, and that he lived in Corfu. In addition to the internal ...