IN MATTER OF DAIJAH D.

5362.

86 A.D.3d 521 (2011)

927 N.Y.S.2d 342

2011 NY Slip Op 6085

In the Matter of DAIJAH D., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided July 28, 2011.


We need not address the propriety of the challenged police conduct in questioning appellant after she walked away from a group of loud and disorderly teenagers as the police approached the group because the People failed to sustain their heavy burden of establishing that appellant's consent to a search of her purse was voluntary and that she waived her constitutional rights (see Bumper v North Carolina, 391 U.S. 543, 550 [1968]; People...

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