§ 344.2. Rules of evidence; statements of respondent; corroboration.\n1. Evidence of a written or oral confession, admission, or other\nstatement made by a respondent with respect to his participation or lack\nof participation in the crime charged, may not be received in evidence\nagainst him in a juvenile delinquency proceeding if such statement was\ninvoluntarily made.\n 2. A confession, admission or other statement is "involuntarily made"\nby a respondent when it is obtained from him:\n (a) by any person by the use or threatened use of physical force upon\nthe respondent or another person, or by means of any other improper\nconduct or undue pressure which impaired the respondent's physical or\nmental condition to the extent of undermining his ability to make a\nchoice whether or not to make a statement; or\n (b) by a public servant engaged in law enforcement activity or by a\nperson then acting under his direction or in cooperation with him:\n (i) by means of any promise or statement of fact, which promise or\nstatement creates a substantial risk that the respondent might falsely\nincriminate himself; or\n (ii) in violation of such rights as the respondent may derive from the\nconstitution of this state or of the United States; or\n (iii) in violation of section 305.2.\n 3. Where a respondent is subject to interrogation by a public servant\nat a facility specified in subdivision four of section 305.2 of this\narticle, the entire custodial interrogation, including the giving of any\nrequired advice of the rights of the individual being questioned, and\nthe waiver of any rights by the individual, shall be recorded and\ngoverned in a manner consistent with standards established by rule of\nthe division of criminal justice services pursuant to paragraph (e) of\nsubdivision three of section 60.45 of the criminal procedure law. The\ninterrogation shall be recorded in a manner such that the persons in the\nrecording are identifiable and the speech is intelligible. A copy of the\nrecording shall be subject to discovery pursuant to section 331.2 of\nthis article.\n 4. A child may not be found to be delinquent based on the commission\nof any crime solely upon evidence of a confession or admission made by\nhim without additional proof that the crime charged has been committed.\n
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