Legal Opinion · Dissent
In re Julian B.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1986Published
1Dissent
Kooper, J.,
concurs, with the following opinion in which Spatt, J., concurs. The principal question to be determined on this appeal is whether the respondent Julian B., who was seven years old at the time of the events herein described, validly waived his Miranda rights before confessing to the murder of the two-year-old victim, Reggie Clegg. Following a combined competency and Huntley hearing (see, People v Huntley, 15 NY2d 72), the Family Court found, inter alia, that the respondent had not made a knowing and intelligent waiver, and the statements were suppressed. We are compelled to agree,…
2Cases cited15 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- In Re GAULTSupreme Court of the United States · 1967
- Oregon v. ElstadSupreme Court of the United States · 1985
- Haley v. OhioSupreme Court of the United States · 1948
- People v. YuklNew York Court of Appeals · 1969
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