In Matter of James OO., 234 AD2d 822 [3d Dept 1996], lv denied 89 NY2d 812 [1997] the respondent was charged with sexually abusing his younger sister. The police notified the mother and she was present when the officer gave her son the Miranda warnings. The Third Department held that "the dual role of respondent's mother as the 'accuser' and the parent present during the police questioning of respondent is a factor to be considered, along with all of the other circumstances, in resolving the factual issue of the voluntariness of the respondent's statement" (James OO., 234 AD2d at 823). Characterizing her as "playing a largely passive role after consenting to the police officer's questioning of respondent," the Court found there was no evidence that she engaged in any conduct that could have affected the voluntariness of the respondent's statement. (Id.)