A defendant with an IQ of 55 may be of “subnormal intelligence,” but he is still capable of comprehending his Miranda rights, an appellate court in New York has ruled in upholding a murder conviction.

In People v. Hendrie, 1047/13613, appellate defense counsel Mitchell S. Kessler of Cohoes, Albany County, came forth with a psychologist who testified that Jonathan A. Hendrie simply lacks the capacity to fully appreciate his right to remain silent and his right to counsel.

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