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IN RE: CHAKA B., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about July 18, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts, which if committed by an adult, would constitute the crimes of criminal possession of a weapon in the second and third degrees, possession of pistol or revolver ammunition and unlawful possession of weapons by a person under sixteen (two counts), and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court properly denied defendant's motion to suppress statements. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ). The record establishes that the police made reasonably diligent efforts to notify a parent or other relative before questioning appellant (see Family Ct. Act § 305.2; People v. Bonaparte, 130 A.D.2d 673 [1987], lv. denied 70 N.Y.2d 703, 519 N.Y.S.2d 1037, 513 N.E.2d 714 [1987]; Matter of Raphael A., 53 A.D.2d 592, 385 N.Y.S.2d 288 [1976] ). There was nothing oppressive about the questioning or the conditions of appellant's confinement, and the police decision to conduct an interrogation was entirely appropriate, given their need to determine whether or not appellant was engaged in joint criminal activity with his armed companion. Appellant did not preserve his claim that his statement was the product of an unlawful arrest, and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.
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Decided: October 17, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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