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PEOPLE v. DURANT

153 A.D.2d 757 (1989)

The People of the State of New York, Respondent, v. Mario Durant, Appellant

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

August 28, 1989

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

Initially, we reject the defendant's contention that his inculpatory statement to the police was the product of custodial interrogation, and that he was incapable of effectively waiving his Miranda rights because of his allegedly subnormal intelligence. The hearing...

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