At issue on this appeal is whether the People proved that defendant made a knowing and intelligent waiver of his Miranda rights. Defendant contends that his oral statements should have been suppressed because at the time the statements were made he was in the custody of the Department of Mental Hygiene, pursuant to CPL 330.20, on an order issued on February 3, 1977 following his acquittal of a burglary charge by reason of insanity. The statements were obtained from...
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