PEOPLE v. POSEY


74 Misc.2d 149 (1973)

The People of the State of New York, Plaintiff, v. Robert James Posey, Defendant.

County Court, Erie County.

May 10, 1973


Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Timothy Drury of counsel), for plaintiff. William Purks for defendant.


FRANK R. BAYGER, J.

This is a motion to suppress a statement given to the police by the defendant. There is no question that the defendant was given the Miranda rights before the officers questioned him. He said he understood these rights prior to giving his statement to the officers. The question presented is whether he had the mental capacity to waive his right and if he does not, whether he does have the requisite mental capacity to stand trial...

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