In re Cody D.

Memorandum: Respondent appeals from an order adjudicating him to be a juvenile delinquent based on the finding that he committed acts that, if committed by an adult, would constitute the crimes of rape in the first degree (Penal Law § 130.35 [3]) and criminal sexual act in the first degree (§ 130.50 [3]). We reject the contention of respondent that Family Court erred in refusing to suppress his statement to the police. The court determined that respondent was advised of his Miranda rights in the presence of his mother and that he, along with his mother, waived those rights prior to the time…