The following excerpt is from People v. Velazquez, 103 N.Y.S.3d 801, 64 Misc.3d 575 (N.Y. Crim. Ct. 2019):
that the statement was made voluntarily and spontaneously. The record at the hearing demonstrated that the statement was not made in response to any questions from the police ( People v. Davis , 224 A.D.2d 541, 637 N.Y.S.2d 977 [2d Dept. 1996] [defendant's statement at his home that was made in response to merely being informed that the detective was investigating a shooting before any other conversation ensued was spontaneous] ). Accordingly, that portion of the statement is not suppressed.
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