PEOPLE v. SMITH


173 A.D.2d 959 (1991)

The People of the State of New York, Respondent, v. Terry J. Smith, Appellant

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

May 9, 1991


Although defendant argues to the contrary, the record supports County Court's determination that defendant was not an incapacitated person and that he understood the nature of the proceedings against him and was able to assist in his own defense (see, People v Allen, 135 A.D.2d 823). Furthermore, we find no evidence in the record to support defendant's contention that the inculpatory statements he gave to the police were the...

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