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MATTER OF RENNETTE B.

281 A.D.2d 78 (2001)

723 N.Y.S.2d 31

In the Matter of RENNETTE B., a Person Alleged to be a Juvenile Delinquent, Respondent. PRESENTMENT AGENCY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 2001.

Attorney(s) appearing for the Case

Kathleen J. Cahill of counsel (Edward F.X. Hart on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

Kenneth Rabb of counsel (Arlene Libowitz on the brief; Monica Drinane, Legal Aid Society, Juvenile Rights Division, attorney), for respondent.

NARDELLI, J. P., MAZZARELLI, ELLERIN and RUBIN, JJ., concur.

OPINION OF THE COURT

TOM, J.

The issue raised on this appeal is whether Miranda warnings should have been given to the 15-year-old respondent under the factual circumstances of this case, where police were called to respondent's apartment for assistance and found respondent's dead newborn infant.

On July 28, 1998 at shortly after 1:00 A.M., Lieutenant Stewart Liber and his partner went to 1762 Story Avenue, apartment 4E, in response to a radio...

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