In People v. Alls (83 N.Y.2d 94), the defendant was an inmate in a state correctional facility. While serving a jail sentence in the facility, the defendant allegedly sexually assaulted another inmate. The police interviewed the defendant in the correctional facility without administering any Miranda warnings. It was clear from the facts of the case that Alls was not free to leave the correctional facility at the time he was being interrogated by the police. Thus, in Alls there was a certain degree of custody merely because of his status as an inmate. If the majority in Alls "suggests" that the burden of proof on the custody issue is on the People, this is because being incarcerated is by its very nature a form of custody. Thus, it was not unreasonable to place the burden of proof regarding the custody issue in Alls on the People. Judge Simons in dissent stated that he thinks that "the majority improperly suggests that the burden is on the People to establish that the defendant was not in custody for purposes of Miranda" (at 113). The dissent cited page 102 of the Alls decision for the proposition that the majority "suggests" that the burden of proof is on the People. The court has examined that page as well as the entire decision and does not agree with the dissent that the majority "suggests" that the party that has the burden of proof to show custody is the prosecution. In any event, a suggestion is not a holding of a case and is not binding on a lower court.