Matter of Terrell H.
2015 NY Slip Op 03776 [128 AD3d 417]
May 5, 2015
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2015


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 In the Matter of Terrell H., a Person Alleged to be a Juvenile Delinquent, Appellant.

Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Emma Grunberg of counsel), for presentment agency.

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 4, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal trespass in the second degree, and placed him with the Close to Home program for a period of eight months, unanimously affirmed, without costs.

The court properly denied appellant's motion to suppress his statements to the police. During a lawful investigatory detention (see People v Galloway, 40 AD3d 240 [1st Dept 2007]), lv denied 9 NY3d 844 [2007]) the police only asked clarifying questions that did not require Miranda warnings (see People v Huffman, 41 NY2d 29, 33-34 [1976]; Matter of Rennette B., 281 AD2d 78 [1st Dept 2001]). An investigatory seizure of a suspect does not necessarily require the police to administer Miranda warnings before asking any questions (see Berkemer v McCarty, 468 US 420, 436-437 [1984]; People v Bennett, 70 NY2d 891 [1987]).

The fact-finding determination was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations. Concur—Tom, J.P., Andrias, Saxe, DeGrasse and Kapnick, JJ.