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PEOPLE v. TORRES

108 A.D.2d 680 (1985)

The People of the State of New York, Respondent, v. Rafael Torres, Appellant

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

February 26, 1985

Carro, J. P., dissents in a memorandum as follows:

With all respect, I cannot in good conscience vote to affirm the conviction of a teenager with an I.Q. in the 40's and a functional literacy of age 6½, no matter how tragic the consequences of his behavior. In addition, I must protest the improprieties of the District Attorney's office, which contributed significantly to the denial of youthful offender...

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