In re Michael S.

Appellate Division of the Supreme Court of New York

In re Michael S.

84 A.D.2d 842, 444 N.Y.S.2d 175, 1981 N.Y. App. Div. LEXIS 16082

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

DecidedNovember 30, 1981

StatusPublished

Cited by2 cases

This text of 84 A.D.2d 842 (In re Michael S.) 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 S., 84 A.D.2d 842, 444 N.Y.S.2d 175, 1981 N.Y. App. Div. LEXIS 16082 (N.Y. Ct. App. 1981).

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Opinion

In a juvenile delinquency proceeding, the appeal is from an order of the Family Court, Kings County (Heller, J.), dated September 9, 1980, which, after finding that appellant had committed acts which, if committed by an adult, would constitute the crime of sodomy in the first degree (Penal Law, § 130.50), adjudicated him a juvenile delinquent and placed him with the Division for Youth, Title III, for an initial period of 18 months. Order affirmed, without costs or disbursements. Appellant contends that certain remarks made by the prosecution during an offer of proof to the Family Court sitting without a jury, deprived him of a fair trial' and that his guilt was not established beyond a reasonable doubt. As to the alleged improper conduct, although the statement had the effect of placing the [843]*843prosecutor in the position of an unsworn witness (see People v Ashwal, 39 NY2d 105, 109-110; People v Williams, 39 AD2d 970), we do not find the remarks so prejudicial as to require a reversal. Nor do we agree that the prosecution failed to prove guilt beyond a reasonable doubt. Damiani, J.P., Titone, Lazer and Gibbons, JJ., concur.

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In a juvenile delinquency proceeding, the appeal is from an order of the Family Court, Kings County (Heller, J.), dated September 9, 1980, which, after finding that appellant had committed acts which, if committed by an adult, would constitute the crime of sodomy in the first degree (Penal Law, § 130.50), adjudicated him a juvenile delinquent and placed him with the Division for Youth, Title III, for an initial period of 18 months. Order affirmed, without costs or disbursements. Appellant contends that certain remarks made by the prosecution during an offer of proof to the Family Court sitting without a jury, deprived him of a fair trial' and that his guilt was not established beyond a reasonable doubt. As to the alleged improper conduct, although the statement had the effect of placing the [843]*843prosecutor in the position of an unsworn witness (see People v Ashwal, 39 NY2d 105, 109-110; People v Williams, 39 AD2d 970), we do not find the remarks so prejudicial as to require a reversal. Nor do we agree that the prosecution failed to prove guilt beyond a reasonable doubt. Damiani, J.P., Titone, Lazer and Gibbons, JJ., concur.

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Bluebook (online)

84 A.D.2d 842, 444 N.Y.S.2d 175, 1981 N.Y. App. Div. LEXIS 16082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-s-nyappdiv-1981.

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