PEOPLE v. BODNER


75 A.D.2d 440 (1980)

The People of the State of New York, Respondent, v. Dwayne Bodner, Appellant

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

July 10, 1980


Attorney(s) appearing for the Case

Charles Avery for appellant.

Ross M. Tisci (David O'Connor of counsel), for respondent.

SIMONS, J. P., SCHNEPP and MOULE, JJ., concur with HANCOCK, JR., J.; CALLAHAN, J., dissents and votes to affirm in an opinion.


HANCOCK, JR., J.

At 5:01 P.M. on April 25, 1978 in the Auburn police station, Dwayne Bodner, a 17-year-old boy with an I.Q. of 63 and a mental age of eight or nine, signed a written confession in the presence of his father in which he admitted setting four separate fires. After a jury trial, where the confession and substantial corroborating evidence of the fires were introduced against him, Dwayne was convicted...

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