Opinion
November 18, 1992
Appeal from the Jefferson County Court, Clary, J.
Present — Callahan, J.P., Green, Pine, Boehm and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: The record supports County Court's finding that defendant, despite his limited intellectual capacity, 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 Matthews, 148 A.D.2d 272, 274, lv dismissed 74 N.Y.2d 950). The record also supports the suppression court's determination that defendant was not in custody before the Miranda warnings were given. A reasonable person, innocent of any crime, would not have believed he was in custody under the circumstances (see, People v Centano, 76 N.Y.2d 837, 838; People v Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851).