In re Rafael D.

New York Court of Appeals

In re Rafael D.

310 N.E.2d 547, 34 N.Y.2d 598, 354 N.Y.S.2d 952, 1974 N.Y. LEXIS 1827

DecidedMarch 21, 1974

StatusPublished

This text of 310 N.E.2d 547 (In re Rafael D.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Rafael D., 310 N.E.2d 547, 34 N.Y.2d 598, 354 N.Y.S.2d 952, 1974 N.Y. LEXIS 1827 (N.Y. 1974).

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Opinion

Order affirmed, without costs, in the following memorandum: The unfortunate references, after the conclusion of the fact-finding hearing, to the failure of defendant to take the stand were not appropriate (CPL 60.15, subd. 2). We conclude, however, that such failure played no part in the court’s juvenile delinquency finding. Accordingly there was no reversible error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Order affirmed, without costs, in the following memorandum: The unfortunate references, after the conclusion of the fact-finding hearing, to the failure of defendant to take the stand were not appropriate (CPL 60.15, subd. 2). We conclude, however, that such failure played no part in the court’s juvenile delinquency finding. Accordingly there was no reversible error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

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Bluebook (online)

310 N.E.2d 547, 34 N.Y.2d 598, 354 N.Y.S.2d 952, 1974 N.Y. LEXIS 1827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rafael-d-ny-1974.