[DOWNLOAD] "Matter Eric W." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Eric W.
- Author : Supreme Court of New York
- Release Date : January 09, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered March 13, 1991, which adjudicated appellant
a juvenile delinquent upon a finding that he committed acts, which, if committed by an adult, would have constituted the crimes
of robbery in the third degree and criminal mischief in the fourth degree, and placed him with the Division of Youth, Title
II, for a period of 12 months, unanimously affirmed, without costs. Family Court's finding that the complainant had an independent source for his in-court identification of appellant is supported
by clear and convincing evidence (see, People v Chip, 75 N.Y.2d 327, 335, cert denied U.S. , 111 S.Ct. 99). The complainant
was able to view appellant under good lighting conditions during both the initial encounter at the beginning of gym class
and later at the end of gym class when his chain and medallions were stolen (see, Matter of Jason V., 171 A.D.2d 447). The
complainant also spontaneously identified appellant to the gym teacher after the crime had occurred (see, People v Logan,
25 N.Y.2d 184, 193-194, cert denied 396 U.S. 1020). While appellant had an absolute right to waive his presence at the Wade
heading, the court's refusal to allow appellant to absent himself in these circumstances was harmless error (People v Huggler,
50 A.D.2d 471, 474).