People v. Benedict V., 85 A.D.2d 747 (N.Y. App. Div. 1981). · Go Syfert
People v. Benedict V., 85 A.D.2d 747 (N.Y. App. Div. 1981). Cases Citing This Book View Copy Cite
19 citation events (9 in the last 25 years) across 6 distinct courts.
Strongest positive: People v. Sanchez (nysupctkings, 2024-01-22)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Sanchez
N.Y. Sup. Kings · 2024 · confidence medium
Fast v Molina , 219 AD3d at 1386 [Trial court erred in determining that circumstances surrounding People's delay in producing grand jury minutes — a backlog on the part of a court reporter — constituted an exceptional circumstance]; People v Warren , 85 AD2d 747, 748 [2d Dept 1981] [delay due to workload and shortage of personnel do not constitute exceptional circumstances]).
discussed Cited as authority (rule) People v. Sanchez
N.Y. Sup. Kings · 2024 · confidence medium
Fast v Molina , 219 AD3d at 1386 [Trial court erred in determining that circumstances surrounding People's delay in producing grand jury minutes — a backlog on the part of a court reporter — constituted an exceptional circumstance]; People v Warren , 85 AD2d 747, 748 [2d Dept 1981] [delay due to workload and shortage of personnel do not constitute exceptional circumstances]).
discussed Cited as authority (rule) People v. Sanchez
N.Y. Sup. Kings · 2024 · confidence medium
Fast v Molina , 219 AD3d at 1386 [Trial court erred in determining that circumstances surrounding People's delay in producing grand jury minutes — a backlog on the part of a court reporter — constituted an exceptional circumstance]; People v Warren , 85 AD2d 747, 748 [2d Dept 1981] [delay due to workload and shortage of personnel do not constitute exceptional circumstances]).
discussed Cited "see, e.g." People v. Headley
N.Y. App. Div. · 2012 · signal: see also · confidence medium
The People failed to establish that this 38-day delay constituted an exceptional circumstance under CPL 30.30 (4) (g) (see People v Jones, 68 NY2d 717, 718-719 [1986]; People v Perez, 252 AD2d 353 [1998]; People v McCaffrey, 78 AD2d 1003, 1003-1004 [1980]; see also People v Warren, 85 AD2d 747, 748 [1981]).
discussed Cited "see, e.g." People v. Headley
N.Y. App. Div. · 2012 · signal: see also · confidence medium
The People failed to establish that this 38-day delay constituted an exceptional circumstance under CPL 30.30 (4) (g) (see People v Jones, 68 NY2d 717, 718-719 [1986]; People v Perez, 252 AD2d 353 [1998]; People v McCaffrey, 78 AD2d 1003, 1003-1004 [1980]; see also People v Warren, 85 AD2d 747, 748 [1981]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Benedict V.
Appellate Division of the Supreme Court of the State of New York.
Dec 31, 1981.
85 A.D.2d 747
Published

Appeal by defendant from a judgment of the County Court, Westchester County (White, J.), rendered November 10,1980, which, upon his convictions of burglary in the third degree and criminal mischief in the second degree, upon a plea of guilty, adjudged him a youthful offender and imposed sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress statements. Judgment reversed, on the law and the facts, motion granted, plea vacated and case remitted to the County Court for further proceedings consistent herewith. Defendant, 16 years of age and a high school student, was summoned during school hours to the office of the principal of the school. There, he was questioned by a detective concerning the crimes to which he ultimately entered a plea of guilty. The principal of the school, who was present in the office at the time, actively participated in the questioning, during which the defendant made a confession. The crimes about which defendant was questioned and to which he entered a plea of guilty involved burglary of the school and damage to certain property of the school. We are constrained to conclude that, under the circumstances, the nature of the principal’s role as well as his conduct in the questioning influenced defendant to the extent that his confession was involuntarily made (see Culombe v Connecticut, 367 US 568, 602; CPL 60.45). It is obvious that the principal’s duty with respect to the school and its property conflicted with his ability to act in loco parentis with respect to defendant because of the nature of the crimes charged. Notwithstanding available alternative action, the principal not only permitted questioning of defendant by the detective, but expressly assumed the role of parental protector and, in furtherance of that role, encouraged defendant to make a confession. Mollen, P. J., Hopkins, Titone, Weinstein and Bracken, JJ., concur.