Opinion
Argued March 15, 1973
Decided April 25, 1973
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PIERRE G. LUNDBERG, J.
George J. Aspland, District Attorney ( Selig Rosenzweig of counsel), for appellant.
Leonard D. Wexler and Richard T. Haefeli for respondent.
Order affirmed in the following memorandum: The order of the Appellate Division should be affirmed on the ground that there is ample support for the affirmed findings of fact that the defendant was incapable of understanding or waiving constitutional rights accorded him by Miranda (see Miranda v. Arizona, 384 U.S. 436) and that the People failed to prove the voluntariness of the defendant's confession beyond a reasonable doubt (see, e.g., People v. Valerius, 31 N.Y.2d 51, 55). We pass on no other question.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER.