Legal Opinion

In re Jose D.

New York Court of Appeals

Decided October 8, 1985PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Appellant, who has been adjudicated a juvenile delinquent, complains that his attorney was not permitted to be present at the diagnostic mental study conducted subsequent to the fact-finding hearing and prior to the dispositional hearing (Family Ct Act § 351.1 [1]). The Appellate Division unanimously affirmed without opinion and he appeals, purportedly as of right, contending that he had a constitutional right to counsel’s presence and that the failure to administer Miranda warnings at the…

2Cases cited10 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Estelle v. SmithSupreme Court of the United States · 1981
  3. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  4. Schall v. MartinSupreme Court of the United States · 1984
  5. Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971

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3Cited by5 opinions

  1. Porter v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. RichardsonNew York Supreme Court · 1993
  3. Cicchetti v. General Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 2000
  4. Moe v. New York City Department of ProbationNew York Supreme Court · 1986
  5. People v. PalazoNew York Supreme Court · 1990

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