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• Title: Matter Brian P. T
• Author : Supreme Court of New York
• Release Date : January 18, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

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[58 A.D.2d 868 Page 868] Appeal from an order of disposition of the Family Court, Nassau County, entered January 31, 1977, which, upon a determination made after a fact-finding hearing, adjudicated appellant a juvenile delinquent and committed him to the New York State Division for Youth for an indefinite period not to exceed 18 months. Order reversed, on the law, without costs or disbursements, and proceeding remanded to the Family Court for a new hearing in accordance herewith. The appellant was charged with committing acts which, if done by an adult, would constitute the crimes of rape in the first degree and sodomy in the first degree. After a hearing he was adjudicated a juvenile delinquent and found to have committed such acts. At the hearing a composite sketch drawn by a police artist from information furnished by the victim was marked into evidence. This was error (see People v Griffin, 29 N.Y.2d 91; People v Forest, 50 A.D.2d 260, 262), as was the introduction of evidence that the victim had identified the appellant extra-judicially from a photograph. In addition, the showup of the appellant through a one-way mirror, resulting in the identification of the victim through such means, clearly tainted the identification. However, a more serious error permeated the hearing. Evidence was introduced that the appellant had appeared at police headquarters [58 A.D.2d 868 Page 869]

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