(DOWNLOAD) "Matter Milton D." by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Milton D.
- Author : Supreme Court of New York
- Release Date : January 26, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
Appeal from an order of the Family Court, Westchester County, dated November 14, 1978, which, after a determination that appellant had committed acts which, if committed by an adult would constitute a crime, adjudicated appellant a juvenile delinquent and placed him with the New York State Division for Youth, Title III. Order reversed, on the law, without costs or disbursements, and matter remitted to the Family Court, Westchester County, for further proceedings consistent herewith. When the appellant appeared before the Family Court, Bronx County, for the first time, his attorney informed the court that he had been appointed four days earlier, such period being inclusive of a weekend, that he was not prepared to proceed with a fact-finding hearing and that he was ready to proceed with a probable cause hearing pursuant to section 739 of the Family Court Act. The Family Court, inviting review by the Appellate Division, First Department, which has apparently not as yet addressed itself to the issues herein involved, denied counsels request for such a hearing and required him to proceed with a fact-finding hearing. The Corporation Counsel presented his case; the Law Guardian declined to cross-examine the Corporation Counsels witnesses or to present any defense, stating several times on the record that he was unable to do so because he was not properly prepared. Following the presentation of the Corporation Counsels case, the Family Court offered the Law Guardian a continuance; the offer was declined because the case against appellant had already been presented. The Family Court then found that appellant had committed certain acts and offenses charged in the [72 A.D.2d 812 Page 813]