PEOPLE v. ANDREWS


13 A.D.3d 1143 (2004)

787 N.Y.S.2d 750

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. EDWARD ANDREWS, Respondent.

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

December 30, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law, the motion is denied and the matter is remitted to Ontario County Court for further proceedings on the indictment.

Memorandum:

We agree with the People that County Court erred in granting defendant's motion to suppress statements made by defendant to a police officer. Defendant, a 33-year-old man with an IQ of 72 or less, resided alone in an apartment...

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