¶1—Judgment unanimously affirmed. Memorandum: The record supports the suppression court’s finding that defendant, despite his mild mental retardation, effectively waived his Miranda rights (see, People v Williams, 62 NY2d 285, 287; People v Orlando LL., 188 AD2d 685, lv denied 81 NY2d 845; People v Matthews, 148 AD2d 272, lv dismissed 74 NY2d 950). Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of On*1039tario County Court, Henry, Jr., J. — Rape, 1st Degree.) Present —Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.
202 A.D.2d 1038
People v. Fox
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 1994
Appellate Division of the Supreme Court of the State of New York · decided 1994-03-11
Decided 1994-03-11