MATTER OF W.


54 A.D.2d 911 (1976)

In the Matter of Raymond W., Appellant

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

November 1, 1976


Order affirmed, without costs or disbursements.

Appellant's confession was properly admitted into evidence. Although we disapprove of the practice, we note that appellant's confession is not excludable for the reason that it was made under oath. As a matter of law, there was no testimonial compulsion. The oath was administered at the behest of an Assistant District Attorney, a nonjudicial officer, who questioned appellant in the youth room of the local precinct. Appellant...

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