2006 New York Code - Rules Of Evidence; Statements Of Respondent; Corroboration.



 
    §  344.2.  Rules of evidence; statements of respondent; corroboration.
  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.

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