People v. Barnes

Memorandum: Defendant, 15 years old, was arrested for raping, burglarizing, robbing and assaulting an elderly woman. Before questioning defendant, the police determined that defendant’s brother-in-law was the person legally responsible for the child’s care and brought him to the public safety building to be present at the questioning. The court found that the police strictly complied with all the requirements of Family Court Act § 305.2 before advising defendant of his Miranda rights. The court held, however, that at the time defendant waived his rights and proceeded to give a statement, the…