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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46671 Justice Massaro DEFENDANT, CHARGED with assault arising from an attack on a nightclub patron, sought suppression of statements and identifications from photographic arrays and a lineup. The court, which found that probable cause existed for defendant’s arrest, denied suppression. It found that defendant’s statement concerning a pushing incident at the nightclub was given prior to his being in custody. It also found that defendant’s voluntary agreement to speak with a detective at the police station did not require a Miranda warning because defendant was not in custody. His subsequent telephone statements to the detective were deemed spontaneous and voluntary. After reviewing lineup photographs, the court found that although the complainant was informed that a suspect would be in the lineup, defendant was not highlighted. The complainant never saw defendant or fillers prior to the lineup and the detective never suggested whom to pick out.

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