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UNITED STATES EX REL. B. v. SHELLY

No. 362, Docket 33957.

430 F.2d 215 (1970)

UNITED STATES ex rel. Stephen J. B., Appellee, v. Joseph A. SHELLY, Chief Probation Officer, Probation Department, Supreme Court, Second Judicial Department, Kings County, New York, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 30, 1970.

Attorney(s) appearing for the Case

George Danzig Levine, Asst. Dist. Atty., Nassau County, N. Y. (William Cahn, Dist. Atty., Nassau County, N. Y.), for appellant.

Susan Crandall, Legal Aid Society of Nassau County, Mineola, N. Y. (James J. McDonough, Attorney in Charge, Legal Aid Society of Nassau County, Mineola, N. Y., Matthew Muraskin, Mineola, N. Y., on the brief), for appellee.

Before MOORE, KAUFMAN and HAYS, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

This appeal presents a single question: did the sixteen year old defendant voluntarily waive his right to remain silent when questioned by the police?

I. Introduction

There is no basic dispute about the facts. The defendant, Stephen J. B., and a teen-age friend were guests at a wedding. On the return trip in the friend's parents' car, Stephen, who had apparently had too much to drink, became sick. The parents...

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