People v. Brundige

Appellate Division of the Supreme Court of New York

People v. Brundige

43 A.D.2d 1009, 352 N.Y.S.2d 309, 1974 N.Y. App. Div. LEXIS 5650

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 22, 1974

StatusPublished

Cited by1 cases

This text of 43 A.D.2d 1009 (People v. Brundige) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brundige, 43 A.D.2d 1009, 352 N.Y.S.2d 309, 1974 N.Y. App. Div. LEXIS 5650 (N.Y. Ct. App. 1974).

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Opinion

Judgment unanimously affirmed. Memorandum: Despite the fact that the defendant was 17 years old and a “slow” learner, unable to read or -write, the record amply demonstrates that he was of sufficient intelligence and was possessed of enough experience to comprehend the meaning of the questions which the police asked him and to respond to them. Further, the police afforded this defendant’s parents and sister an opportunity to accompany defendant to Police Headquarters (see People v. Townsend, 33 IT Y 2d 37). Under all the circumstances, the statement which defendant gave to the police was voluntary and based upon a knowing and intelligent waiver of his rights (People v. Stephen J. B,, 23 IT Y 2d 611; People v. Hocking, 15 IT Y 2d 973). (Appeal from judgment of Monroe County Court convicting defendant of sodomy, first degree.) Present — Witmer, J. P., Moule, Cardamone, Simons and Del Vecchio, JJ.

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Judgment unanimously affirmed. Memorandum: Despite the fact that the defendant was 17 years old and a “slow” learner, unable to read or -write, the record amply demonstrates that he was of sufficient intelligence and was possessed of enough experience to comprehend the meaning of the questions which the police asked him and to respond to them. Further, the police afforded this defendant’s parents and sister an opportunity to accompany defendant to Police Headquarters (see People v. Townsend, 33 IT Y 2d 37). Under all the circumstances, the statement which defendant gave to the police was voluntary and based upon a knowing and intelligent waiver of his rights (People v. Stephen J. B,, 23 IT Y 2d 611; People v. Hocking, 15 IT Y 2d 973). (Appeal from judgment of Monroe County Court convicting defendant of sodomy, first degree.) Present — Witmer, J. P., Moule, Cardamone, Simons and Del Vecchio, JJ.

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Bluebook (online)

43 A.D.2d 1009, 352 N.Y.S.2d 309, 1974 N.Y. App. Div. LEXIS 5650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brundige-nyappdiv-1974.

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