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MATTER OF DANIEL H.

No. 158

15 N.Y.3d 883 (2010)

In the Matter of DANIEL H., a Person Alleged to be a Juvenile Delinquent, Appellant. PRESENTMENT AGENCY, Respondent.

Court of Appeals of New York.

Decided October 26, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Raymond E. Rogers , Tamara A. Steckler and Steven Banks ), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Victoria Scalzo , Stephen J. McGrath and Leah Schmelzer of counsel), for respondent.

Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Judge CIPARICK dissents and votes to reverse in an opinion in which Chief Judge LIPPMAN concurs.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed, without costs, on the ground that the two-Justice dissent at the Appellate Division was not on a question of law (see CPLR 5601 [a]).

Police arrested appellant Daniel H. at his school for the theft of credit cards after he had made an inculpatory statement without being advised of his Miranda rights. Appellant was transported...

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