Opinion
KA 00-01490
June 14, 2002.
Appeal from a judgment of Wayne County Court (Parenti, J.), entered May 30, 2000, convicting defendant upon his plea of guilty of arson in the second degree.
RONALD C. VALENTINE, PUBLIC DEFENDER, LYONS (PETER J. PULLANO OF COUNSEL), FOR DEFENDANT-APPELLANT.
RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (MARY ANNE KOLB OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon his plea of guilty of arson in the second degree (Penal Law § 150.15). Contrary to the contention of defendant, County Court properly refused to suppress his statements to the police. The record supports the court's findings that defendant was not in custody before Miranda warnings were given ( see People v. Ludlow, 187 A.D.2d 936, 937, lv denied 81 N.Y.2d 888) and that defendant, despite his intellectual and communicative limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police ( see People v. Williams, 62 N.Y.2d 285, 287; People v. Thayer, 210 A.D.2d 977).