Matter of Delroy S.
AD1 order dated January 14, 2014, modifying a juvenile delinquency adjudication after a fact-finding determination. Decision below: 113 AD3d 448, 978 NYS2d 183. Court of Appeals granted leave July 1, 2014. Argued April 29, 2015.
ISSUE PRESENTED: Whether, after the Appellate Division determined that the defendant’s statement should have been suppressed as the result of a custodial interrogation without Miranda warnings, it erred in nonetheless affirming the fact-finding determination as to second-degree assault and fourth-degree weapon possession, in light of the overwhelming remaining proof of guilt.