In re Lawrence W.

Appellate Division of the Supreme Court of New York

In re Lawrence W.

77 A.D.2d 570, 429 N.Y.S.2d 731, 1980 N.Y. App. Div. LEXIS 12278

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 7, 1980

StatusPublished

Cited by1 cases

This text of 77 A.D.2d 570 (In re Lawrence W.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Lawrence W., 77 A.D.2d 570, 429 N.Y.S.2d 731, 1980 N.Y. App. Div. LEXIS 12278 (N.Y. Ct. App. 1980).

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Opinion

Appeal from an order of disposition of the Family Court, Kings County, dated September 12, 1978, which, upon a determination that appellant was a juvenile delinquent, placed him with the Division for Youth, Title III, for a period of five years. Order affirmed, without costs or disbursements. The fact-finding determination was that appellant had committed acts which if committed by an adult would have constituted murder in the second degree, manslaughter in the first degree, and attempted robbery in the first degree. The primary question on this appeal concerns the admissibility of a statement made by the appellant to the police in the presence of appellant’s uncle, but prior to the arrival of the appellant’s mother. The Family Court Judge made the determination that the appellant had a close relationship with his uncle and, in fact, lived with him at times. Moreover, Judge Greenbaum further found that the appellant did not reside with his mother. There is nothing in the record to refute these findings. Under these circumstances, the police substantially complied with the requirements of section 724 of the Family Court Act (cf. Matter of Emilio M., 37 NY2d 173), and hence, the statement made in the uncle’s presence was properly received into evidence.

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Appeal from an order of disposition of the Family Court, Kings County, dated September 12, 1978, which, upon a determination that appellant was a juvenile delinquent, placed him with the Division for Youth, Title III, for a period of five years. Order affirmed, without costs or disbursements. The fact-finding determination was that appellant had committed acts which if committed by an adult would have constituted murder in the second degree, manslaughter in the first degree, and attempted robbery in the first degree. The primary question on this appeal concerns the admissibility of a statement made by the appellant to the police in the presence of appellant’s uncle, but prior to the arrival of the appellant’s mother. The Family Court Judge made the determination that the appellant had a close relationship with his uncle and, in fact, lived with him at times. Moreover, Judge Greenbaum further found that the appellant did not reside with his mother. There is nothing in the record to refute these findings. Under these circumstances, the police substantially complied with the requirements of section 724 of the Family Court Act (cf. Matter of Emilio M., 37 NY2d 173), and hence, the statement made in the uncle’s presence was properly received into evidence.

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Bluebook (online)

77 A.D.2d 570, 429 N.Y.S.2d 731, 1980 N.Y. App. Div. LEXIS 12278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lawrence-w-nyappdiv-1980.

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