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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1951
278 App. Div. 576 (N.Y. App. Div. 1951)

Opinion

January 15, 1951.

Appeal from County Court of Orange County.


The information charging defendant with being a wayward minor specifies acts on four separate occasions between April 4, 1950, and July 16, 1950. There was no testimony with respect to the occurrence on July 16, 1950. The other acts charged were committed when defendant was under sixteen years of age. The statute (Code Crim. Pro., § 913-a) defines a wayward minor as a person between the ages of sixteen and twenty-one who commits the acts therein specified. In any event, we would reverse and grant a new trial on the ground that this juvenile delinquent of the age of sixteen, giving the answers he did when the court advised him of his right to counsel, did not competently and intelligently waive that right. ( Johnson v. Zerbst, 304 U.S. 458; People ex rel. Sedlak v. Foster, 59 N.Y.S.2d 477, revd. on other grounds 274 App. Div. 850, affd. 299 N.Y. 291.) Carswell, Acting P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1951
278 App. Div. 576 (N.Y. App. Div. 1951)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK on the complaint of A. ALFRED COHEN…

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

Date published: Jan 15, 1951

Citations

278 App. Div. 576 (N.Y. App. Div. 1951)