Majority
p. 1038The People of the State of New York, Respondent, v James Fox, Appellant. [610 NYS2d 921]
—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
p. 1039
tario County Court, Henry, Jr., J. — Rape, 1st Degree.) Present —Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.
Cases cited
- People v. Williams 62 NY2d 285 at 287 p. 1038
- People v. Orlando LL. 188 AD2d 685 p. 1038
- People v. Matthews 148 AD2d 272 p. 1038