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PEOPLE v. LOVE

57 N.Y.2d 998 (1982)

The People of the State of New York, Respondent, v. Anthony Love, Appellant.

Court of Appeals of the State of New York.

Decided November 9, 1982.

Attorney(s) appearing for the Case

Kenneth G. Varley for appellant.

Sol Greenberg, District Attorney (Ilene R. Bergman of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant's voluntary waiver is established by a finding of fact. That defendant was a patient in the Capital District Psychiatric Center at the time of waiver is not sufficient to meet defendant's burden of persuasion, the People having shown the legality of the police conduct in the first instance (People v Di Stefano, 38...

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