PEOPLE v. MATTHEWS


148 A.D.2d 272 (1989)

The People of the State of New York, Respondent, v. Robert Matthews, Appellant

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

July 12, 1989


Attorney(s) appearing for the Case

Gerald T. Barth (J. Scott Porter of counsel), for appellant.

Robert E. Wildridge, District Attorney (Edward McQuat of counsel), for respondent.

DILLON, P. J., BALIO, LAWTON and DAVIS, JJ., concur.


CALLAHAN, J.

We are concerned on this appeal with the propriety of the conviction of defendant, a mentally retarded person, for second and fourth degree arson and two counts of felony murder.

On October 17, 1985 defendant Robert Matthews, Jr. was 17 years old and possessed an IQ of 68. He resided with his parents in a camper parked adjacent to the home of his aunt and uncle, Joseph and Lourna Lounsberry...

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