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PEOPLE v. ROTACH

112 A.D.2d 797 (1985)

The People of the State of New York, Respondent, v. Leslie Rotach, Appellant

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

July 12, 1985

Judgment unanimously affirmed.

Memorandum:

The court did not err in admitting defendant's custodial statements at the trial. Defendant placed in issue the voluntariness of his waiver by offering expert testimony of his alleged "epileptic furor" at the time of the commission of the crime and the effect this might have had on the quality of the waiver of his rights. The court properly instructed the jury to consider...

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