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Matter of James

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 753 (N.Y. App. Div. 1987)

Opinion

May 26, 1987

Appeal from the Family Court, Westchester County (Bellantoni, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

We find that the appellant's statements to the police were a voluntary result of a valid waiver of his rights pursuant to Miranda v. Arizona ( 384 U.S. 436). The police complied with the requirements of the Family Court Act by questioning the appellant in a specially designated facility, in the presence of his father and only after informing the appellant and his father of the Miranda rights (see, Family Ct Act § 305.2, [7]). The appellant's arguments on appeal center on issues of credibility which were primarily for the Family Court, as the trier of fact, to resolve (see, People v. Gruttola, 43 N.Y.2d 116; Matter of Dennis N., 110 A.D.2d 703). Thompson, J.P., Niehoff, Kunzeman and Harwood, JJ., concur.


Summaries of

Matter of James

Appellate Division of the Supreme Court of New York, Second Department
May 26, 1987
130 A.D.2d 753 (N.Y. App. Div. 1987)
Case details for

Matter of James

Case Details

Full title:In the Matter of JAMES W., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 26, 1987

Citations

130 A.D.2d 753 (N.Y. App. Div. 1987)

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