v. City of New York

Decision Date20 April 1970
Docket NumberNo. 1478,M,1478
PartiesRichard S v. CITY OF NEW YORK. isc
CourtU.S. Supreme Court

Jonathan A. Weiss, for appellant.

J. Lee Rankin, Stanley Buchsbaum, and Robert T. Hartmann, for appellee.

PER CURIAM.

The motion for leave to proceed in forma pauperis is granted. The judgment is vacated and the case is remanded to the Court of Appeals of New York for further consideration in light of In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368.

THE CHIEF JUSTICE and Mr. Justice STEWART dissent for the reasons set forth in the dissenting opinion of The Chief Justice in In re Winship, 397 U.S., at 375, 90 S.Ct., at 1078.

Mr. Justice BLACK dissents for the reasons set forth in his dissenting opinion in In re Winship, 397 U.S., at 377, 90 S.Ct., at 1079.

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2 cases
  • H., In re
    • United States
    • New York Supreme Court — Appellate Division
    • November 30, 1970
    ...to this case, since it was in the appellate process when Winship was determined by the Supreme Court (cf. Richard S. v. City of New York, 397 U.S. 597, 90 S.Ct. 1376, 25 L.Ed.2d 599 (dec. Apr. 20, 1970)). In our view the language of the Court of Appeals in Matter of D. (Daniel) 27 N.Y.2d 90......
  • S. v. City of New York
    • United States
    • New York Court of Appeals Court of Appeals
    • October 8, 1970
    ...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, The alleged juvenile delinquent made a motion in Court of Appeals for reargument of motion for leave to appeal and made a mo......

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