People v. Fergus

• Decision Date: 13 March 2000
• Citation: 704 N.Y.S.2d 864,270 A.D.2d 357
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>MARK FERGUS, Appellant.
• Court: New York Supreme Court — Appellate Division

270 A.D.2d 357

704 N.Y.S.2d 864

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.MARK FERGUS, Appellant.

Decided March 13, 2000.

Thompson, J. P., S. Miller, Florio and Schmidt, JJ., concur.

Ordered that the judgment is affirmed.

An effective waiver of Miranda rights may be made by an individual of subnormal intelligence, as long as it is established that he or she understood the immediate meaning of the warnings (see, Miranda v Arizona, 384 US 436; People v Williams, 62 NY2d 285, 289; People v Corona, 173 AD2d 484; People v Avilez, 121 AD2d 391). Contrary to the defendant's contentions, the record supports the hearing court's determination that his waiver of his Miranda rights was valid (see, People v Williams, supra; People v Esmail, 260 AD2d 396).

The defendant's remaining contentions are meritless.