Opinion
June 16, 1998
Appeal from the Family Court, New York County (Richard Ross, J.).
As the presentment agency correctly concedes on appeal, the court's findings were not based on legally sufficient evidence. The only potentially incriminating evidence, appellant's statement linking him to the stolen motor scooter, was properly stricken from the record, the presentment agency having decided to forgo a Huntley hearing on the statement's admissibility, and having agreed not to introduce it as evidence in chief.
Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.