People v. Grover

Decision reserved, case held, and matter remitted to Monroe County Court for further proceedings in accordance with the following memorandum: Although the defendant denied making any confession, he "was entitled to full inquiry into the voluntary nature of his purported confession” (People v Wright, 21 NY2d 1011 , 1012). As the District Attorney acknowledges, the trial court improperly denied defendant’s request for a Huntley hearing (People v Brown, 44 AD2d 769 ; see, also, People v Murchinson, 63 AD2d 655 ). While defendant argues that he was incapable of validly waiving his rights, the mental capacity of the accused is a factor to be considered in determining whether he knowingly, intelligently and voluntarily waived his rights prior to making a statement, and "mild or moderate mental retardation is not, by itself invalidating” (People v Brown, 66 AD2d 158 , 160; People v Tigner, 48 AD2d 762 ). Defendant further argues that his statement should have been suppressed pursuant to Dunaway v New York ( 442 US 200 ) because he was detained without probable cause for police interrogation. The record reflects insufficient facts to permit this court to make its own findings concerning the probable cause issue. A factual hearing must be held to determine the nature of defendant’s detention, in the event there was a detention whether there was probable cause for the detention, and in the event there was a detention and probable cause is not found for such detention whether the making of the confession was rendered infirm by the illegal arrest (Dunaway v New York, supra; Brown v Illinois, 422 US 590 ). (Appeal from judgment of Monroe County Court—arson, fourth degree.) Present—Simons, J. P., Schnepp, Callahan, Doerr and Witmer, JJ.