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People v. Fox

202 A.D.2d 1038 Court N.Y. App. Div. Decision date 1994-03-11 English

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p. 1038
The 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.

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