Legal Opinion · Dissent

In re Cy R.

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

Decided August 2, 2007Published

1DissentAndrias, J.

in a memorandum as follows: Because the 15-year-old appellant’s admission that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of handguns stolen from his cousin was obtained “by the use or threatened use of physical force upon the respondent,” in violation of Family Court Act § 344.2 (2) (a), I dissent and would reverse and dismiss the petition.

The evidence at the suppression hearing established that at approximately 11:55 p.m. on August 3, 2006, New York City Police Sergeant Kiyar responded to a radio transmission of a burglary at a…

2Cases cited3 opinions

  1. People v. FitzgeraldNew York Court of Appeals · 1927
  2. In re Brian E.Appellate Division of the Supreme Court of the State of New York · 1994
  3. In re Vincent R.New York City Family Court · 2006

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