In re William S.

Appellate Division of the Supreme Court of New York

In re William S.

31 A.D.2d 548, 295 N.Y.S.2d 395, 1968 N.Y. App. Div. LEXIS 2830

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

DecidedNovember 25, 1968

StatusPublished

This text of 31 A.D.2d 548 (In re William 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 William S., 31 A.D.2d 548, 295 N.Y.S.2d 395, 1968 N.Y. App. Div. LEXIS 2830 (N.Y. Ct. App. 1968).

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Opinion

Two orders of the Family Court, Kings County, dated June 12, 1967, separately adjudicating appellants as delinquent, and two orders of the same court, dated July 20, 1967, separately imposing on each appellant a 12-month suspended sentence, reversed, on the law, and matters remanded to the Family Court for further proceedings consistent with the decision herein. No findings of fact have been considered on these appeals. It is clear from the record that appellants were not accorded their rights under the governing statute (Family Ct. Act, § 741, subd. [a]) or applicable decisions (Matter of Gault, 387 U. S. 1; Miranda v. Arizona, 384 U. S. 436; Matter of Gregory W., 19 N Y 2d 55; Matter of William L., 29 A D 2d 182). The matters are therefore remanded for de novo' proceedings in which appellants- are to be accorded their rights under the law. Christ, Acting P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

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Two orders of the Family Court, Kings County, dated June 12, 1967, separately adjudicating appellants as delinquent, and two orders of the same court, dated July 20, 1967, separately imposing on each appellant a 12-month suspended sentence, reversed, on the law, and matters remanded to the Family Court for further proceedings consistent with the decision herein. No findings of fact have been considered on these appeals. It is clear from the record that appellants were not accorded their rights under the governing statute (Family Ct. Act, § 741, subd. [a]) or applicable decisions (Matter of Gault, 387 U. S. 1; Miranda v. Arizona, 384 U. S. 436; Matter of Gregory W., 19 N Y 2d 55; Matter of William L., 29 A D 2d 182). The matters are therefore remanded for de novo' proceedings in which appellants- are to be accorded their rights under the law. Christ, Acting P. J., Brennan, Benjamin, Munder and Martuscello, JJ., concur.

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Bluebook (online)

31 A.D.2d 548, 295 N.Y.S.2d 395, 1968 N.Y. App. Div. LEXIS 2830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-william-s-nyappdiv-1968.

Opinion

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