Jesse H., Matter of

• Decision Date: 10 August 1992
• Citation: 587 N.Y.S.2d 353,185 A.D.2d 848
• Parties: In the Matter of JESSE H. (Anonymous), Appellant.
• Court: New York Supreme Court — Appellate Division

Page 353

587 N.Y.S.2d 353

185 A.D.2d 848

In the Matter of JESSE H. (Anonymous), Appellant.

Supreme Court, Appellate Division Second Department.

Aug. 10, 1992.

Arza Rayches Feldman, Hauppauge, for appellant.

Ian G. MacDonald, County Atty., Poughkeepsie (Christian R. Cullen, of counsel), for respondent.

Before HARWOOD, J.P., and O'BRIEN, RITTER and COPERTINO, JJ.

MEMORANDUM BY THE COURT.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Dutchess County (Bernhard, J.), dated March 20, 1991, which, upon a fact-finding order of the same court, dated December 18, 1990, made after a hearing, finding that the appellant had committed an act which constituted unlawful possession of a weapon by a person under sixteen, adjudged him to be a juvenile delinquent and placed him in the custody of the Commissioner of Social Services for a period of one year for placement in a residential facility. The appeal brings up for review the fact-finding order dated December 18, 1990, and the denial, without a hearing, of those branches of the appellant's omnibus motion which were to suppress statements made by him to the police and physical evidence.

ORDERED that the order of disposition is affirmed, without costs or disbursements.

We agree with the appellant's contention that the agency should have been precluded from offering evidence of a statement he made to the police, as the agency failed to provide notice of its intention to offer the statement into evidence and did not demonstrate good cause for its failure to serve the required notice (see, People v. Amparo, 73 N.Y.2d 728, 535 N.Y.S.2d 588, 532 N.E.2d 94; People v. O'Doherty, 70 N.Y.2d 479, 522 N.Y.S.2d 498, 517 N.E.2d 213; CPL 710.30[3]; Family Ct. Act § 330.2[2],[8]. However, the admission of this testimony was harmless in view of the overwhelming proof of the appellant's guilt (see, e.g., People v. Howard, 162 A.D.2d 615, 556 N.Y.S.2d 940; People v. Taylor, 155 A.D.2d 630, 548 N.Y.S.2d 45; cf., People v. O'Doherty, supra ).

The Family Court did not improvidently exercise its discretion in summarily denying the appellant's omnibus motion on the ground that it was untimely filed (see, Family Ct. Act § 330.2[1],[3], as his application did not present a compelling argument for suppression of statements or physical evidence (see generally, New York v. Quarles, 467 U.S. 649, 104 S.Ct. 2626, 81 L.Ed.2d 550; People v....