In re Michael B.

Appellate Division of the Supreme Court of New York

In re Michael B.

56 A.D.2d 926, 392 N.Y.S.2d 847, 1977 N.Y. App. Div. LEXIS 11323

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

DecidedMarch 28, 1977

StatusPublished

This text of 56 A.D.2d 926 (In re Michael B.) 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 Michael B., 56 A.D.2d 926, 392 N.Y.S.2d 847, 1977 N.Y. App. Div. LEXIS 11323 (N.Y. Ct. App. 1977).

Pincite

Opinion

In a proceeding pursuant to article 7 of the Family Court Act, the appeal is from an order of disposition of the Family Court, Kings County, dated October 28, 1976, which, upon a determination made after a fact-finding hearing that appellant had committed acts which, if done by an adult, would have constituted a crime, adjudged him to be a juvenile delinquent and placed him with the Division for Youth, Title II. Order reversed, as a matter of discretion in the interest of justice, and proceeding remanded to the Family Court for a new fact-finding hearing, to be conducted by a Judge other than the one from whose order this appeal was taken. The record reveals that the fact-finding Judge decided the question of guilt beyond a reasonable doubt before the hearing was concluded. In the interest of justice a new hearing is required. With commendable candor, the corporation counsel agrees that a de novo fact-finding hearing should be held. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, 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 disposition of the Family Court, Kings County, dated October 28, 1976, which, upon a determination made after a fact-finding hearing that appellant had committed acts which, if done by an adult, would have constituted a crime, adjudged him to be a juvenile delinquent and placed him with the Division for Youth, Title II. Order reversed, as a matter of discretion in the interest of justice, and proceeding remanded to the Family Court for a new fact-finding hearing, to be conducted by a Judge other than the one from whose order this appeal was taken. The record reveals that the fact-finding Judge decided the question of guilt beyond a reasonable doubt before the hearing was concluded. In the interest of justice a new hearing is required. With commendable candor, the corporation counsel agrees that a de novo fact-finding hearing should be held. Martuscello, Acting P. J., Cohalan, Rabin and Mollen, JJ., concur.

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Bluebook (online)

56 A.D.2d 926, 392 N.Y.S.2d 847, 1977 N.Y. App. Div. LEXIS 11323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-b-nyappdiv-1977.