PEOPLE v. DUNN


195 A.D.2d 240 (1994)

The People of the State of New York, Respondent, v. Earl Dunn, Appellant

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

February 7, 1994


Attorney(s) appearing for the Case

Peter Branti, Jr., New City (Barbara Blanchard of counsel), for appellant.

Kenneth Gribetz, District Attorney of Rockland County, New City (Deborah Wolikow Loewenberg of counsel), for respondent.

THOMPSON, J. P., MILLER and RITTER, JJ., concur.


ROSENBLATT, J.

The case before us concerns the admissibility of incriminating statements given by a defendant of limited mental capacity. We hold that the defendant's inability to comprehend or waive his Miranda rights does not rule out the admissibility of a spontaneous, self-initiated statement that he made while in custody.

A jury found the defendant guilty of manslaughter in the first degree...

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