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PEOPLE v. SZWALLA

31 A.D.2d 979 (1969)

The People of the State of New York, Respondent, v. John Steven Szwalla, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 10, 1969

COOKE, J.

There is no basis to disturb the determination that beyond a reasonable doubt defendant was advised properly of his constitutional rights, as required by Miranda v. Arizona (384 U.S. 436, 479), and that he voluntarily, intelligently and knowingly waived the same. Dr. Boldt testified that defendant was not legally insane on the day in question and that he diagnosed his problem as one of an emotionally unstable...

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