People v. Grover

• Decision Date: 14 December 1979
• Citation: 423 N.Y.S.2d 741,73 A.D.2d 819
• Court: New York Supreme Court — Appellate Division
• Parties: PEOPLE of the State of New York, Respondent, v. Charles Wayland GROVER, Appellant.

Page 741

423 N.Y.S.2d 741

73 A.D.2d 819

PEOPLE of the State of New York, Respondent, v. Charles Wayland GROVER, Appellant.

Supreme Court, Appellate Division, Fourth Department.

Dec. 14, 1979.

Edward J. Nowak, Rochester by William Pixley, Rochester, for appellant.

Lawrence T. Kurlander, Dist. Atty., Rochester by Melvin Bressler, Rochester, for respondent.

Before SIMONS, J. P., and SCHNEPP, CALLAHAN, DOERR and WITMER, JJ.

MEMORANDUM:

Although the defendant denied making any confession, he "was entitled to full inquiry into the voluntary nature of his purported confession" (People v. Wright, 21 N.Y.2d 1011, 1012, 290 N.Y.S.2d 930, 932, 238 N.E.2d 330, 332). As the District Attorney acknowledges, the trial court improperly denied defendant's request for a Huntley hearing (People v. Brown, 44 A.D.2d 769, 354 N.Y.S.2d 263; see also, People v. Murchinson, 63 A.D.2d 655, 404 N.Y.S.2d 648).

While defendant argues that he was incapable of validly waiving his rights, the mental capacity of the accused is a factor to be considered in determining whether he knowingly, intelligently and voluntarily waived his rights prior to making a statement, and "mild or moderate mental retardation is not, by itself invalidating" (People v. Brown, 66 A.D.2d 158, 160, 412 N.Y.S.2d 522, 524; People v. Tigner, 48 A.D.2d 762, 368 N.Y.S.2d 92).

Defendant further argues that his statement should have been suppressed pursuant to Dunaway v. New York, --- U.S. ----, 99 S.Ct. 2248, 60 L.Ed.2d 824, because he was detained without probable cause for police interrogation. The record reflects insufficient facts to permit this court to make its own findings concerning the probable cause issue. A factual hearing must be held to determine the nature of defendant's detention, in the event there was a detention whether there was probable cause for the detention, and in the event there was a detention and probable cause is not found for such detention whether the making of the confession was rendered infirm by the illegal arrest (Dunaway v. New York, supra; Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416).

Decision reserved, case held, and matter remitted to Monroe County Court for further proceedings.