G., In re

• Citation: 321 N.Y.S.2d 291,36 A.D.2d 843
• Parties: In the Matter of Keith G. (Anonymous), a Person Alleged to be a Juvenile Delinquent, Appellant.
• Decision Date: 19 April 1971
• Court: New York Supreme Court Appellate Division

Page 291

321 N.Y.S.2d 291

36 A.D.2d 843

In the Matter of Keith G. (Anonymous), a Person Alleged to

be a Juvenile Delinquent, Appellant.

Supreme Court, Appellate Division, Second Department.

April 19, 1971.

Charles Schinitsky, Brooklyn, Law Guardian for appellant; Michael Gage, Brooklyn, The Legal Aid Society, fo counsel.

J. Lee Rankin, Corporation Counsel, New York City, for respondent; Stanley Buchsbaum, Beatrice Rothman, New York City, of counsel.

Before MUNDER, Acting P.J., and MARTUSCELLO, SHAPIRO, GULOTTA and BENJAMIN, JJ.

MEMORANDUM BY THE COURT.

Appeal from an order of the Family Court, Kings County, dated January 15, 1969 and made after a fact-finding hearing, which adjudicated appellant a juvenile delinquent and placed him on probation for two years.

Order reversed, on the law, and proceeding remitted to the Family Court for a new hearing to determine, by the standard of evidence beyond a reasonable doubt, whether appellant is a juvenile delinquent. The questions of fact have not been considered.

The adjudication herein must be set aside since it was based upon a preponderance of the evidence Matter of Ronald H., 35 A.D.2d 845, 317 N.Y.S.2d 95; Matter of Ivan V., 35 A.D.2d 806, 316 N.Y.S.2d 568; Matter of Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368). We note further that at the new hearing petitioner will have the burden of proving beyond a reasonable doubt that any inculpatory statements or confessions by appellant offered in evidence are voluntary and were obtained in accordance with the requirements of due process.