S. v. City of New York

• Decision Date: 08 October 1970
• Parties: , 264 N.E.2d 353 Matter of Richard S., a person alleged to be a Juvenile Delinquent, Appellant, v. CITY OF NEW YORK, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 861

315 N.Y.S.2d 861

27 N.Y.2d 802, 264 N.E.2d 353

Matter of Richard S., a person alleged to be a Juvenile

Delinquent, Appellant, v. CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

Oct. 8, 1970.

Appeal from Supreme Court, Appellate Division, First Department, 32 A.D.2d 615, 299 N.Y.S.2d 794.

Order was entered adverse to alleged juvenile delinquent, and he appealed.

The Appellate Division affirmed the order without opinion.

Appeal was taken to the Court of Appeals by alleged juvenile delinquent.

The Court of Appeals, 27 N.Y.2d 90, 313 N.Y.S.2d 704, 261 N.E.2d 627, rendered judgment.

The United States Supreme Court, 397 U.S. 597, 90 S.Ct. 1376, 25 L.Ed.2d 599, remanded.

The alleged juvenile delinquent made a motion in Court of Appeals for reargument of motion for leave to appeal and made a motion in the Court of Appeals for summary reversal.

Motion for reargument of motion for leave to appeal granted and, upon reargument, motion for leave to appeal granted. Motion for summary reversal on consent granted, the order reversed and the proceeding dismissed (See Matter of Samuel W., 27 N.Y.2d 728, 314 N.Y.S.2d 536, 262 N.E.2d 675, following mandate of the Supreme Court of the United States in In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368).