MATTER OF DIANE P.


110 A.D.2d 354 (1985)

In the Matter of Diane P. Westchester County S.P.C.C., Appellant; Aleja P., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 28, 1985


Attorney(s) appearing for the Case

Kenneth Ellman for appellant.

Thomas Hunter for respondent.

MOLLEN, P. J., THOMPSON and BRACKEN, JJ., concur.


LAZER, J.

The principal issue here is whether there must be suppression of illegally seized evidence when the matter to be tried is a child protective proceeding under Family Court Act article 10. Upon weighing the likely deterrent effect of the exclusionary rule against its detrimental impact upon the fact-finding process and the State's enormous interest in protecting the welfare of children, we conclude that the rule should not be applied in such proceedings...

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