PEOPLE v. MITCHELL


2 N.Y.3d 272 (2004)

810 N.E.2d 879

778 N.Y.S.2d 427

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICKY MITCHELL, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 2004.


Attorney(s) appearing for the Case

Lawrence T. Hausman, New York City, and Laura R. Johnson for appellant.

Robert T. Johnson, District Attorney, Bronx (Andrew N. Sacher, Joseph N. Ferdenzi and Peter D. Coddington of counsel), for respondent.

Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.


OPINION OF THE COURT

Chief Judge KAYE.

This appeal calls upon us to decide whether the parent of a juvenile offender can invoke the right to counsel on the child's behalf.

Defendant was 15 years old when he was arrested at his high school for armed robbery. Prior to placing defendant in a lineup, the investigating officer called defendant's mother to ask whether she could attend the planned identification procedure.

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