capacity to understand warning in New York

2024The circumstances to consider in assessing whether a statement was voluntary include the length, location, and continuity of the interrogation, the defendant's age, intelligence, education, physical condition, and mental health, and whether he or she has the capacity to understand the warnings given ( see Withrow v Williams , 507 US 680, 693 ; Fare v Michael C. , 442 US 707, 725 ; People v Dunn , 195 AD2d 240 , 243 affd 85 NY2d 956 ).

2018Relevant factors include "the juvenile's age, experience, education, background, and intelligence, and . . . whether he has the capacity to understand the warnings given [to] him, the nature of his Fifth Amendment rights, and the consequences of waiving those rights" ( Fare v Michael C. , 442 US 707, 725 [1979]).

2016“Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation” (People v Santos, 112 AD3d 757, 758 [2013] [internal quotation marks omitted]; see People v Williams, 62 NY2d at 288 ), including the defendant’s “age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequences of waiving those ri

2014“Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation” (People v Santos, 112 AD3d 757 , 758 [2013], lv denied 22 NY3d 1158 [2014] [internal quotation marks omitted]; see Williams, 62 NY2d at 288 ), including the defendant’s “age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequen

2014“Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation” (People v Santos, 112 AD3d 757 , 758 [2013], lv denied 22 NY3d 1158 [2014] [internal quotation marks omitted]; see Williams, 62 NY2d at 288 ), including the defendant’s “age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequen

2014“Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation” (People v Santos, 112 AD3d 757 , 758 [2013], lv denied 22 NY3d 1158 [2014] [internal quotation marks omitted]; see Williams, 62 NY2d at 288 ), including the defendant’s “age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequen

2021"Whether a [person] knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation, including the defendant's age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequences of waiving those rights" ( People v Cleverin , 140 AD3d 1080, 1081 [citations and internal quotation marks omitted]; see People v Santos , 11

2016“Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation” (People v Santos, 112 AD3d 757, 758 [2013] [internal quotation marks omitted]; see People v Williams, 62 NY2d at 288 ), including the defendant’s “age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequences of waiving those ri

2021"Whether a defendant knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation, including the defendant's age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequences of waiving those rights" ( id. at 1081 [citations and internal quotation marks omitted]).

2021"Whether a [person] knowingly and intelligently waived his or her rights to remain silent and to an attorney is determined upon an inquiry into the totality of the circumstances surrounding the interrogation, including the defendant's age, experience, education, background, and intelligence, and . . . whether he [or she] has the capacity to understand the warnings given him [or her], the nature of his [or her] Fifth Amendment rights, and the consequences of waiving those rights" ( People v Cleverin , 140 AD3d 1080, 1081 [citations and internal quotation marks omitted]; see People v Santos , 11

2018In Matter of Jimmy D. , our Court of Appeals "[r]ecogniz[ed] that special care must be taken to protect the rights of minors in the criminal justice system" ( Jimmy D. , 15 NY3d at 421 ), echoing the holding by our colleagues in the Second Department that "[i]t is well recognized that over and beyond the ordinary constitutional safeguards provided for adults subjected to questioning, the police must exercise greater care to insure that the rights of youthful suspects are vigilantly observed" ( People v Gotte , 150 AD2d 488, 488 [2d Dept 1989], lv denied 74 NY2d 896 [1989] [internal quotation m

2018In Matter of Jimmy D. , our Court of Appeals "[r]ecogniz[ed] that special care must be taken to protect the rights of minors in the criminal justice system" ( Jimmy D. , 15 NY3d at 421 ), echoing the holding by our colleagues in the Second Department that "[i]t is well recognized that over and beyond the ordinary constitutional safeguards provided for adults subjected to questioning, the police must exercise greater care to insure that the rights of youthful suspects are vigilantly observed" ( People v Gotte , 150 AD2d 488, 488 [2d Dept 1989], lv denied 74 NY2d 896 [1989] [internal quotation m

2018In Matter of Jimmy D. , our Court of Appeals "[r]ecogniz[ed] that special care must be taken to protect the rights of minors in the criminal justice system" ( Jimmy D. , 15 NY3d at 421 ), echoing the holding by our colleagues in the Second Department that "[i]t is well recognized that over and beyond the ordinary constitutional safeguards provided for adults subjected to questioning, the police must exercise greater care to insure that the rights of youthful suspects are vigilantly observed" ( People v Gotte , 150 AD2d 488, 488 [2d Dept 1989], lv denied 74 NY2d 896 [1989] [internal quotation m

1980See North Carolina v. Butler, supra.” In the case at bar, we are dealing with an adult defendant who has had extensive experience and involvement with the criminal justice system, including charges of PINS, juvenile delinquency, and more recently, convictions for burglary, criminal trespass, escape and violations of parole.