Legal Opinion · Dissent

In re Charles B.

Appellate Division of the Supreme Court of the State of New York

Decided July 13, 1981Published

1Dissent

Gulotta, J.,

dissents and votes to affirm the order, with the following memorandum: My fellow Justices alternately specify two deficiencies in the proceedings before the Family Court which, they conclude, warrant a reversal in the instant case: (1) the insufficiency of the evidence identifying appellant as one of the perpetrators of the underlying criminal acts; and (2) the receipt into evidence of testimony by the arresting officer regarding appellant’s decision to remain silent at the time of his apprehension. Under the facts of the instant case, I do not believe that either claim is tenable…

2Cases cited8 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. Jenkins v. AndersonSupreme Court of the United States · 1980
  3. People v. SavageNew York Court of Appeals · 1980
  4. People v. ConyersNew York Court of Appeals · 1980
  5. People v. . SeppiNew York Court of Appeals · 1917

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