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Matter of Samuel E.L

Court of Appeals of the State of New York
Dec 17, 1985
489 N.E.2d 1279 (N.Y. 1985)

Opinion

Argued November 15, 1985

Decided December 17, 1985

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Victor E. Manz, J.

Christopher J. Jones, Rose H. Sconiers and Peter J. Martinelli for appellant.

No appearance for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Even if the youth counselor's testimony concerning an admission made by appellant should have been suppressed as elicited in violation of Miranda v Arizona ( 384 U.S. 436), a question we need not reach, the adjudication of delinquency should, nonetheless, be affirmed. We agree with the lower courts that the evidence, even without this admission, was sufficient to establish appellant's guilt beyond a reasonable doubt. The Trial Judge explicitly stated that he reached the determination of guilt without reference to the youth counselor's testimony, therefore, the admission of that testimony, even if in error, was harmless.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge JASEN taking no part.

Order affirmed, without costs, in a memorandum.


Summaries of

Matter of Samuel E.L

Court of Appeals of the State of New York
Dec 17, 1985
489 N.E.2d 1279 (N.Y. 1985)
Case details for

Matter of Samuel E.L

Case Details

Full title:In the Matter of SAMUEL E.L., a Person Alleged to be a Juvenile…

Court:Court of Appeals of the State of New York

Date published: Dec 17, 1985

Citations

489 N.E.2d 1279 (N.Y. 1985)
489 N.E.2d 1279
499 N.Y.S.2d 377