MATTER OF B.


251 A.D.2d 168 (1998)

673 N.Y.S.2d 908

In the Matter of Kenneth B., a Person Alleged to be a Juvenile Delinquent, Appellant

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

June 18, 1998


As the presentment agency correctly concedes on appeal, the court's findings were not based on legally sufficient evidence. The only potentially incriminating evidence, appellant's statement linking him to the stolen motor scooter, was properly stricken from the record, the presentment agency having decided to forgo a Huntley hearing on the statement's admissibility, and having agreed not to introduce it as evidence...

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