What is the test for determining whether a person was in police custody?

The issue of whether a person is in custody is generally a question of fact. People v. Centano, 76 N.Y.2d 837 (1990). In deciding whether a defendant was in custody, the test is not what the defendant thought, but rather, whether a reasonable person, innocent of any crime, would have believed that he or she was in police custody. See People v. Yukl, 25 N.Y.2d 585, 589 (1969), cert denied 400 U.S. 851 (1970). The factors to be considered include the amount of time the individual spent with the police, whether her freedom of action was significantly restricted, the location of the questioning and atmosphere under which she was questioned, her degree of cooperation, whether she was apprised of her constitutional rights, and whether the questioning was investigatory or accusatory in nature. See People v. Macklin, 202 A.D.2d 445, 46 (2^nd Dept. 1994), lv denied 83 N.Y.2d 912 (1994).