Opinion
October 5, 1998
Appeal from the Supreme Court, Kings County (Kreindler, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the hearing court properly declined to suppress his confession under CPL 140.20 (6). That statute provides that, after a warrantless arrest of a juvenile offender, the police must "immediately notify the parent or other person legally responsible for [the juvenile's care] or the person with whom [the juvenile] is domiciled, that the juvenile offender has been arrested, and the location of the facility where [the juvenile] is being detained" (CPL 140.20). The record indicates that there was initially no arrest, but rather the defendant voluntarily accompanied the police to the precinct. Although the defendant was only 15 years old at the time, when asked his age he lied, telling the officers that he was 17, and providing them with a date of birth reflecting that age. Inasmuch as there is no evidence of any willful or negligent disregard of the statutory notification requirement, the defendant gave the officers "reasonable justification" to believe that he was legally an adult ( People v. Salaam, 83 N.Y.2d 51, 57). Under these circumstances, the defendant's own affirmative deception supplied the police with a lawful basis to question him without parental or guardian notification as long as adult protections, such as Miranda warnings, were provided ( see, People v. Salaam, supra). Accordingly, suppression was properly denied.
The defendant's remaining contentions are without merit.
Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.