Opinion
Argued February 19, 1974
Decided March 21, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RICHARDS W. HANNAH, J.
Steven M. Schlussel, William E. Hellerstein and Charles Schinitsky for appellant.
Norman Redlich, Corporation Counsel ( Susan S. Belkin and Stanley Buchsbaum of counsel), for respondent.
Order affirmed, without costs, in the following memorandum: The unfortunate references, after the conclusion of the fact-finding hearing, to the failure of defendant to take the stand were not appropriate (CPL 60.15, subd. 2). We conclude, however, that such failure played no part in the court's juvenile delinquency finding. Accordingly there was no reversible error.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.