MATTER OF ANDRE A.

7479.

165 A.D.3d 599 (2018)

87 N.Y.S.3d 176

2018 NY Slip Op 07260

In the Matter of Andre A., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided October 30, 2018.


The court properly denied appellant's suppression motion to the extent appealed from. Initially, we find no basis for disturbing the court's credibility determinations.

For purposes of this appeal we assume, without deciding, that the police encounter with appellant was an arrest requiring Miranda warnings, as opposed to an investigatory detention that does not require those warnings, regardless of whether the suspect is free to leave (see Berkemer v McCarty...

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