Karen XX, Matter of
| Decision Date | 03 December 1981 |
| Parties | In the Matter of KAREN "XX" * , a Person Alleged to be a Juvenile Delinquent. Supreme Court, Appellate Division, Third Department |
| Court | New York Supreme Court — Appellate Division |
Michael Kavanagh, Ulster County Dist. Atty., Susan Shaw, Asst. Dist. Atty., Kingston, argued, for appellant People.
Joseph M. Ingarra, Kingston, Law Guardian for respondent Karen XX.
Before KANE, J. P., and MAIN, CASEY, YESAWICH and WEISS, JJ.
Appeal, by permission, from an order of the Family Court of Ulster County, entered June 11, 1981, which granted respondent's motion to suppress as involuntary an inculpatory statement which she gave to the police.
In a petition of New York State Police Investigator C. G. Lecakes to the Ulster County Family Court, it is alleged that on March 3, 1981, with intent to kill a five-year-old child, the thirteen-year-old respondent herein did bind the arms and feet and gag the mouth of the child and place her in a clothes dryer after wrapping her in a plastic bag. It is further alleged that the foregoing acts of respondent, if done by an adult, would constitute the crime of attempted murder in the second degree and that the petition is based on an oral tape-recorded statement given to petitioner by respondent. In his prayer for relief, petitioner seeks to have respondent adjudged a juvenile delinquent and dealt with in accordance with the provisions of article 7 of the Family Court Act. On April 29, 1981, a Huntley hearing was conducted to determine the voluntariness of respondent's inculpatory statement to the police, which she made in the presence of her legal guardian, a 27-year-old sister, but without the assistance of counsel, and ultimately the court granted respondent's motion to suppress the statement on the ground that it was involuntary. Petitioner now seeks a reversal of the order granting the motion, and the fact-finding hearing on the petition has been stayed pending resolution of this appeal.
We hold that the challenged order should be affirmed, and in so ruling, we note the particularly heavy burden which rests on the State, in the case of a juvenile charged as a delinquent, to show that there has been a genuine waiver by the juvenile of his or her right to counsel so that a subsequent statement can be considered voluntary (Matter of Lawrence S., 29 N.Y.2d 206, 325 N.Y.S.2d 921, 275 N.E.2d 577). Moreover, as the United States Supreme Court made clear in Von Moltke v. Gillies, 332 U.S. 708, 724, 68 S.Ct. 316, 323, 92 L.Ed. 309, a waiver is valid only when made with a broad understanding of...
To continue reading
Request your trial
-
People v. Castro
... ... (Matter of Michelet P. (Gold), 70 A.D.2d 68, 419 N.Y.S.2d 704; Matter of Brian P.T., 58 A.D.2d 868, 396 N.Y.S.2d 873.) ... In opposition ... Martin W., 105 Misc.2d 424, 432 N.Y.S.2d 342; People v. Martin S., 104 Misc.2d 1036, 429 N.Y.S.2d 1009; also see Matter of Karen "XX", 85 A.D.2d 773, 445 N.Y.S.2d 283 and Ronald E. Cohen, Family Trial Advocacy, Vol. 1 [Appellate Division, First Department (1982) ], pp. 234-236) ... ...
-
Stanley C., Matter of
... ... Petitioner failed to prove that the respondent knew the nature of the rights he was not advised of but is claimed to have waived (see In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527; Matter of Karen XX, 85 A.D.2d 773, 445 N.Y.S.2d 283) ... In sum, we conclude that Pankratz was engaged in law enforcement activity for the purposes of Miranda, and that his failure to give respondent his Miranda warnings prior to custodial interrogation renders inadmissable in this proceeding the ... ...
-
Phillip J, In re
...683 N.Y.S.2d 293 ... 1998 N.Y. Slip Op. 11,163 ... In the Matter of PHILLIP "J", 1 Alleged to be ... a Juvenile Delinquent ... Schuyler County District Memorandum and Order Attorney, Respondent; ... Phillip "J", ... has been a genuine waiver by the juvenile of his or her right to counsel so that a subsequent statement can be considered voluntary" (Matter of Karen XX., 85 A.D.2d 773, 774, 445 N.Y.S.2d 283) and that "a waiver is valid only when made with a broad understanding of the matter at issue including 'an ... ...
-
Chad L., Matter of
... ... The evidence established beyond any doubt that, at the time of questioning, Chad did not understand the alternatives and could not, therefore, have made an intelligent choice to speak. See Matter of Karen XX, 85 A.D.2d 773, 445 N.Y.S.2d 283 (3d Dept., 1981). Accordingly, the second statement is also suppressed ... --------------- ... * The Court does not find, however, as suggested by respondent, that the police violated FCA § 305.2(3)(4) in failing to locate respondent's mother prior to ... ...