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PEOPLE v. BROW

255 A.D.2d 904 (1998)

682 N.Y.S.2d 320

The People of the State of New York, Respondent, v. Richard R. Brow, Sr., Appellant

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

November 13, 1998

Judgment unanimously affirmed.

Memorandum:

County Court properly determined after a hearing that defendant, although mildly mentally retarded, was not an incapacitated person (see, CPL 730.10 [1]; People v Schwartz, 204 A.D.2d 973). The People established through the testimony of a psychiatrist and psychologist that defendant had the capacity to understand the charges...

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