In re Delroy S.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court should have suppressed appellant’s statement on the ground that it was the product of custodial interrogation without Miranda warnings. Under the circumstances, a reasonable 11 year old would not have felt free to leave (see Matter of Ricardo S., 297 AD2d 255 [1st Dept 2002]). Nevertheless, the error was harmless beyond a reasonable doubt (see People v Crimmins, 36 NY2d 230 [1975]). Independent of the statement, which added little to the presentment agency’s case, there was overwhelming evidence that both established appellant’s guilt of the assault and weapon charges and disproved…
2Cases cited3 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- In re Katherine W.New York Court of Appeals · 1984
- In re Ricardo S.Appellate Division of the Supreme Court of the State of New York · 2002