In re Joseph F.

Appellate Division of the Supreme Court of New York

In re Joseph F.

73 A.D.2d 967, 424 N.Y.S.2d 256, 1980 N.Y. App. Div. LEXIS 9904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 28, 1980

StatusPublished

This text of 73 A.D.2d 967 (In re Joseph F.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Joseph F., 73 A.D.2d 967, 424 N.Y.S.2d 256, 1980 N.Y. App. Div. LEXIS 9904 (N.Y. Ct. App. 1980).

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Opinion

In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Kings County, dated June 22, 1977, which, after a fact-finding hearing, adjudged appellant to be a juvenile delinquent and placed him with the Division for Youth, Title III. Order reversed, on the law and the facts, without costs or disbursements, and petition dismissed. The testimony of the two infant witnesses, Michael Pegúese, age 14, and Glensley Emer, age 11, has been held by this court, on the prior appeal by appellant’s corespondent; Osvaldo M. (Matter of Osvaldo M., 65 AD2d 573), to be internally inconsistent and confusing as to what actually happened on the day of the incident, and thus insufficient to support the findings of the Family Court. There being no other probative evidence of appellant’s involvement in the crime, the instant petition must, accordingly, be dismissed. Mangano, J. P., Rabin, Gulotta and Margett, JJ., concur.

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In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of the Family Court, Kings County, dated June 22, 1977, which, after a fact-finding hearing, adjudged appellant to be a juvenile delinquent and placed him with the Division for Youth, Title III. Order reversed, on the law and the facts, without costs or disbursements, and petition dismissed. The testimony of the two infant witnesses, Michael Pegúese, age 14, and Glensley Emer, age 11, has been held by this court, on the prior appeal by appellant’s corespondent; Osvaldo M. (Matter of Osvaldo M., 65 AD2d 573), to be internally inconsistent and confusing as to what actually happened on the day of the incident, and thus insufficient to support the findings of the Family Court. There being no other probative evidence of appellant’s involvement in the crime, the instant petition must, accordingly, be dismissed. Mangano, J. P., Rabin, Gulotta and Margett, JJ., concur.

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Bluebook (online)

73 A.D.2d 967, 424 N.Y.S.2d 256, 1980 N.Y. App. Div. LEXIS 9904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-joseph-f-nyappdiv-1980.

Opinion

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