Laws of New York (Last Updated: November 21, 2014) |
FCT Family Court |
Article 3. JUVENILE DELINQUENCY |
Part 4. THE FACT-FINDING HEARING |
Section 344.2. Rules of evidence; statements of respondent; corroboration
Latest version.
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1. Evidence of a written or oral confession, admission, or other statement made by a respondent with respect to his participation or lack of participation in the crime charged, may not be received in evidence against him in a juvenile delinquency proceeding if such statement was involuntarily made. 2. A confession, admission or other statement is "involuntarily made" by a respondent when it is obtained from him: (a) by any person by the use or threatened use of physical force upon the respondent or another person, or by means of any other improper conduct or undue pressure which impaired the respondent's physical or mental condition to the extent of undermining his ability to make a choice whether or not to make a statement; or (b) by a public servant engaged in law enforcement activity or by a person then acting under his direction or in cooperation with him: (i) by means of any promise or statement of fact, which promise or statement creates a substantial risk that the respondent might falsely incriminate himself; or (ii) in violation of such rights as the respondent may derive from the constitution of this state or of the United States; or (iii) in violation of section 305.2. 3. A child may not be found to be delinquent based on the commission of any crime solely upon evidence of a confession or admission made by him without additional proof that the crime charged has been committed.