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STATE OF MINNESOTA IN SUPREME COURT A10-453 Hennepin County Meyer, J.

State of Minnesota, Respondent, vs. Gary Vue, Appellant. ________________________ Lori Swanson, Attorney General, St. Paul, Minnesota; and Michael O. Freeman, Hennepin County Attorney, Linda K. Jenny, Assistant County Attorney, Minneapolis, Minnesota, for respondent. David W. Merchant, Chief Appellate Public Defender, Benjamin J. Butler, Assistant State Public Defender, St. Paul, Minnesota, for appellant. ________________________ SYLLABUS 1. Appellant was not in custody for purposes of Miranda when he made his Filed: April 27, 2011 Office of Appellate Courts

statement to police. 2. 3. The prosecutor did not commit plain error during closing argument. The evidence was sufficient to support appellants conviction of crime

committed for the benefit of a gang. Affirmed. 1

OPINION MEYER, Justice. A Hennepin County grand jury indicted appellant Gary Vue with several felonies, including the offense of crime committed for the benefit of a gang (first-degree murder while committing drive-by shooting), Minn. Stat.

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