People v. Rotach

Appellate Division of the Supreme Court of New York

People v. Rotach

112 A.D.2d 797, 492 N.Y.S.2d 299, 1985 N.Y. App. Div. LEXIS 56046

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

DecidedJuly 12, 1985

StatusPublished

This text of 112 A.D.2d 797 (People v. Rotach) 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. Rotach, 112 A.D.2d 797, 492 N.Y.S.2d 299, 1985 N.Y. App. Div. LEXIS 56046 (N.Y. Ct. App. 1985).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: The court did not err in admitting defendant’s custodial statements at the trial. Defendant placed in issue the voluntariness of his waiver by offering expert testimony of his alleged "epileptic furor” at the time of the commission of [798]*798the crime and the effect this might have had on the quality of the waiver of his rights. The court properly instructed the jury to consider the statements only if they found them to be knowingly and intelligently made (CPL 710.70).

We have examined the other issues raised by defendant and find them to be without merit. (Appeal from judgment of Wayne County Court, Stiles, J. — murder, second degree.) Present — Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.

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Judgment unanimously affirmed. Memorandum: The court did not err in admitting defendant’s custodial statements at the trial. Defendant placed in issue the voluntariness of his waiver by offering expert testimony of his alleged "epileptic furor” at the time of the commission of [798]*798the crime and the effect this might have had on the quality of the waiver of his rights. The court properly instructed the jury to consider the statements only if they found them to be knowingly and intelligently made (CPL 710.70).

We have examined the other issues raised by defendant and find them to be without merit. (Appeal from judgment of Wayne County Court, Stiles, J. — murder, second degree.) Present — Doerr, J. P., Boomer, O’Donnell, Pine and Schnepp, JJ.

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Bluebook (online)

112 A.D.2d 797, 492 N.Y.S.2d 299, 1985 N.Y. App. Div. LEXIS 56046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rotach-nyappdiv-1985.