New York Court of Appeals, 1974

In re Rafael D.

In re Rafael D.
New York Court of Appeals · Decided March 21, 1974
34 N.Y.2d 598; 354 N.Y.S.2d 952; 310 N.E.2d 547; 1974 N.Y. LEXIS 1827

In re Rafael D.

Opinion of the Court

Order affirmed, without costs, in the following memorandum: The unfortunate references, after the conclusion of the fact-finding hearing, to the failure of defendant to take the stand were not appropriate (CPL 60.15, subd. 2). We conclude, however, that such failure played no part in the court’s juvenile delinquency finding. Accordingly there was no reversible error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.