People v. Bailey

In People v. Bailey, 140 A.D.2d 356 (2nd Dep't) the Appellate Division, Second Department unequivocally held that "the mere administration of the Miranda warnings to the defendant did not automatically place defendant within a custodial setting, as the receipt of such constitutional rights does not preclude a finding that a reasonable guiltless person would believe he was not free to leave." (Bailey at 360.)