People v. Fox

Appellate Division of the Supreme Court of New York

People v. Fox

202 A.D.2d 1038, 610 N.Y.S.2d 921, 1994 N.Y. App. Div. LEXIS 3420

Procedural entryThis page is a short order in People v. Fox. Read the opinion of the Court — 172 A.D.2d 218 →

Appellate Division of the Supreme Court of the State of New York·Decided March 11, 1994·Published

Opinion

—Judgment unanimously affirmed. Memorandum: The record supports the suppression court’s finding that defendant, despite his mild mental retardation, effectively waived his Miranda rights (see, People v Williams, 62 NY2d 285, 287; People v Orlando LL., 188 AD2d 685, lv denied 81 NY2d 845; People v Matthews, 148 AD2d 272, lv dismissed 74 NY2d 950). Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of On[1039]*1039tario County Court, Henry, Jr., J. — Rape, 1st Degree.) Present —Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: The record supports the suppression court’s finding that defendant, despite his mild mental retardation, effectively waived his Miranda rights (see, People v Williams, 62 NY2d 285, 287; People v Orlando LL., 188 AD2d 685, lv denied 81 NY2d 845; People v Matthews, 148 AD2d 272, lv dismissed 74 NY2d 950). Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of On[1039]*1039tario County Court, Henry, Jr., J. — Rape, 1st Degree.) Present —Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

People v. Fox, 202 A.D.2d 1038, 610 N.Y.S.2d 921, 1994 N.Y. App. Div. LEXIS 3420 (N.Y. Ct. App. 1994).

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Opinion

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