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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46473 Judge McDermott DEFENDANT, CHARGED with drunken driving and leaving the scene of an accident, sought suppression of statements to police. Defendant was arrested at his home when a state trooper arrived to investigate claims that defendant struck a vehicle while leaving a tavern. The trooper arrived at defendant’s home after having had a phone conversation with defendant, whose identity and address were obtained through credit card information, during which defendant made an incriminating statement. The court denied suppression of defendant’s statement made during the phone conversation, rejecting his argument that the conversation with the state trooper was akin to a custodial interrogation. The court suppressed defendant’s other statements. Noting the trooper’s testimony that he knew that defendant had not stopped at other bars after leaving the accident scene, the court concluded that the trooper intended to arrest defendant, so that defendant needed to have been warned of his Miranda rights.

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