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.