Matthew F., Matter of
| Decision Date | 26 July 1976 |
| Citation | 87 Misc.2d 644,386 N.Y.S.2d 534 |
| Parties | In the Matter of MATTHEW F., a person alleged to be a juvenile delinquent, Respondent. |
| Court | New York Family Court |
This a juvenile delinquency proceeding in which Respondent is alleged to have committed an act, which if done by an adult would constitute the crime of criminal mischief in the 4th degree in violation of Section 145.00 of the New York State Penal Law.
Upon motion of the Respondent, the Court held a preliminary hearing to determine the admissibility of an inculpatory statement made by Respondent. (People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179). The principal argument advanced by Respondent's law guardian was that the statement was not taken in a facility designated by the appropriate Appellate Division of the Supreme Court as a suitable place for the questioning of children as required by Section 724 of the Family Court Act. Respondent was questioned in the Adams Basin sub-station of the Monroe County Sheriff's Department which counsel stipulated had not been designated by the Appellate Division, Fourth Department as a suitable place.
Section 724(b) of the Family Court Act provides as follows:
'After making every reasonable effort to give notice under paragraph (a), the peace officer shall
(ii) forthwith and wil all reasonable speed take the child directly, and without his first being taken to the police station house, to the family court located in the county in which the act occasioning the taking into custody allegedly was done, unless the peace officer determines that it is necessary to question the child, in which case he may take the child to a facility designated by the appropriate appellate division of the supreme court as a suitable place for the questioning of children and there question him for a reasonable period of time;'
In the cases of In the Matter of Aaron D., 30 A.D.2d 183, 290 N.Y.S.2d 935 and In Re Emilio M., 44 A.D.2d 791, 355 N.Y.S.2d 117, the Appellate Division, First Department, held that statements taken without compliance with Section 724 should not have been admitted in evidence. The Court of Appeals reversed the decision in Emilio M. on the grounds that precise statutory compliance was impossible since the Appellate Division had not yet designated Any suitable facility. (37 N.Y.2d 173, 371 N.Y.S.2d 697, 332 N.E.2d 874).
Petitioner's counsel argues that the place of questioning should only be one of the factors to be considered in determining the admissibility of a statement, citing the decision in Matter of Turner, 56 Misc.2d 638, 289 N.Y.S.2d 652. Photographs of the place of questioning were received in evidence which show it to be a pleasantly decorated room with an office-like atmosphere. The Court was most impressed with the testimony and demeanor of the deputy sheriff who questioned the Respondent and is satisfied that no threats or duress were employed and that pre-interrogation warnings were given to Respondent and to both of his parents. (Miranda v. Arizona,...
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 ... Courts demanded full compliance with due process requirements of juveniles (Matter of Matthew F., 87 Misc.2d 644, 386 N.Y.S.2d 534 (1976)); and in Matter of Brian P.T., 58 A.D.2d 868, 396 N.Y.S.2d 873 (2d Dept), supra, the per se doctrine ... ...
-
Kenneth C., Matter of
... ... In Matter of Matthew F., 87 Misc.2d 644, 386 N.Y.S.2d 534, the court required literal compliance with the statute and excluded a confession not taken in the authorized room. In Matter of Turner, 56 Misc.2d 638, 289 N.Y.S.2d 652, the court accepted a statement taken in an "office-like atmosphere", although it was not ... ...
-
In re Raquan W.
...55 Misc.3d 63647 N.Y.S.3d 659In the Matter of RAQUAN W., A Person Alleged to be a Juvenile Delinquent, Respondent.Family Court, Kings County, New York.Feb. 10, 2017.47 N.Y.S.3d 660 Bryan ... See also Matter of Matthew F., 87 Misc.2d 644, 386 N.Y.S.2d 534 (Monroe Co. Fam. Ct.1976). Cf. Matter of Emilio M., 37 N.Y.2d 173, 371 N.Y.S.2d 697, 332 N.E.2d 874 (1975) ... ...
-
People v. Marvin W.
...432 N.Y.S.2d 342 ... 105 Misc.2d 424 ... In the Matter of the PEOPLE of the State of New York ... MARVIN W., Respondent ... Family Court, New York County ... Oct. 1, 1980 ... Robert M ... Indeed, as observed in Matter of Matthew F., 87 Misc.2d 644, 386 N.Y.S.2d 534 (Fam.Ct., Monroe Co. 1976): ... Even though this court may very well conclude that the Sheriff's substation is a ... ...