MATTER OF ELLIUS R.

2011-08869.

97 A.D.3d 586 (2012)

947 N.Y.S.2d 882

2012 NY Slip Op 5423

In the Matter of ELLIUS R., Appellant.

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

July 5, 2012.


Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the presentment agency established the voluntariness of the appellant's inculpatory statement beyond a reasonable doubt (see People v Witherspoon, 66 N.Y.2d 973, 974 [1985]). The evidence established that the appellant's "`will [was not] overborne and his capacity...

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