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Matter of Brian

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 996 (N.Y. App. Div. 1986)

Opinion

April 4, 1986

Appeal from the Erie County Family Court, Honan, J.

Present — Callahan, J.P., Doerr, Denman, Green and O'Donnell, JJ.


Order unanimously affirmed. Memorandum: Respondents were adjudicated juvenile delinquents based on the court's finding, following a hearing, that they committed the crimes of burglary in the second degree (Penal Law § 140.25) and petit larceny (Penal Law § 155.25), as a lesser included offense to grand larceny in the third degree (Penal Law § 155.30), as originally charged in the petition. The charges resulted from a break-in of a residence and a garage and the theft of several items, including a motorcycle and a radio. The court's finding was based on admissions made by appellants to a third party. Since this person did not participate in the burglary, but only assisted in selling the cycle three weeks later, he was not an accomplice, as a matter of law, and corroboration of his testimony was not required (see, CPL 60.22, [2]; People v. Brooks, 34 N.Y.2d 475). Joint representation of appellants by court-appointed counsel does not require reversal because there is no showing of a significant possibility of a conflict of interest (see, People v. Macerola, 47 N.Y.2d 257, 264). We caution, however, that in cases of joint representation, Family Court has the responsibility to ascertain, on the record, whether each juvenile's decision to proceed with one attorney is an informed one (see, People v. Gomberg, 38 N.Y.2d 307, 313; Matter of Glenn F., 117 A.D.2d 1013). We have considered the remaining claims raised and find none requires reversal.


Summaries of

Matter of Brian

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 4, 1986
119 A.D.2d 996 (N.Y. App. Div. 1986)
Case details for

Matter of Brian

Case Details

Full title:In the Matter of BRIAN J.C., a Person Alleged to be a Juvenile Delinquent

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

Date published: Apr 4, 1986

Citations

119 A.D.2d 996 (N.Y. App. Div. 1986)

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