People v. Colon

Nardelli, J., concurs in a memorandum in which Carro, J., concurs; Kupferman, J., concurs in a separate memorandum; Sullivan, J. P., and Tom, J., dissent in a memorandum by Sullivan, J. P., all as follows:

Nardelli, J. (concurring).

Defendant, 39 years of age, has an I.Q. of 64, which puts her in the range of the "mildly retarded.” In earlier times she would be called a moron. She is the product of a neglectful and abused childhood. As a child she was thrown from a fifth-floor fire escape and as a result has a metal plate in her head. She has been diagnosed as having gross organic brain damage.…