Opinion
March 11, 1994
Appeal from the Ontario County Court, Henry, Jr., J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
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 N.Y.2d 285, 287; People v. Orlando LL., 188 A.D.2d 685, lv denied 81 N.Y.2d 845; People v. Matthews, 148 A.D.2d 272, lv dismissed 74 N.Y.2d 950). Defendant's sentence is neither harsh nor excessive.