People v. Bobby Wallace
AD1 order dated January 7, 2014, affirming judgment of conviction. Decision below: 113 AD3d 413, 978 NYS2d 145. Lippman, Ch.J., granted leave November 25, 2014. Decided on April 28, 2016.
ISSUES PRESENTED: (1) Whether defendant was “in custody” so that Miranda warnings were required. (2) Whether the “public safety” exception to the Miranda rule applies where the weapon in question was not an inherently dangerous object. (Assigned counsel: Seymour James, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.)