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People v. Letts

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 895 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Monroe County Court, Maloy, J.

Present — Green, J.P., Wesley, Callahan, Doerr and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The record supports the suppression court's finding that defendant, despite his illiteracy and intellectual limitations, knowingly, voluntarily and intelligently waived his Miranda rights and agreed to speak to the police (see, People v Thayer, 210 A.D.2d 977 [decided herewith]; People v Ludlow, 187 A.D.2d 936, lv denied 81 N.Y.2d 888; People v Matthews, 148 A.D.2d 272, lv dismissed 74 N.Y.2d 950). Because defendant pleaded guilty before the court ruled on the alleged Payton violation (see, Payton v New York, 445 U.S. 573), defendant waived his right to raise that issue on appeal (see, People v Fernandez, 67 N.Y.2d 686; People v Van Asten, 159 A.D.2d 252; People v Woods, 156 A.D.2d 1012, lv denied 75 N.Y.2d 926; People v Lewis, 140 A.D.2d 630).


Summaries of

People v. Letts

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 895 (N.Y. App. Div. 1994)
Case details for

People v. Letts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW H. LETTS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 23, 1994

Citations

210 A.D.2d 895 (N.Y. App. Div. 1994)
621 N.Y.S.2d 986

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