V. v. City of New York
| Decision Date | 06 July 1971 |
| Citation | 29 N.Y.2d 583,324 N.Y.S.2d 313,272 N.E.2d 895 |
| Parties | , 272 N.E.2d 895 In the Matter of Ivan V., Respondent, A Person Alleged to be a Juvenile Delinquent v. CITY OF NEW YORK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, First Department, 35 A.D.2d 806, 316 N.Y.S.2d 568.
Charles Schinitsky, Brooklyn, William E. Hellerstein, New York City (Rena K. Uviller, New York City, of counsel), for respondent-respondent.
The Family Court, Bronx County, Alphonse P. Guardino, J., entered order of disposition and determination of delinquency and appeal was taken.
The Appellate Division reversed and dismissed the petition, holding that Supreme Court decision requiring that finding of guilt in delinquency proceeding rest upon proof beyond reasonable doubt should be retroactively applied to all cases in appellate process, and City appealed.
In the Court of Appeals argument was directed to whether the Supreme Court decision was retroactive.
Order reversed, without costs, and the matter remitted to the Appellate Division for determination of questions of fact raised in that court (CPLR 5612(a), 5613) in the following memorandum: We adhere to our prior decisions holding that In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 will not be applied retroactively (Matter of D. (Daniel), 27 N.Y.2d 90, 96, 313 N.Y.S.2d 704, 261 N.E.2d 627; Matter of Richard S., 27 N.Y.2d 802).
All concur except FULD, C.J., in a memorandum in which BURKE, J., concurs; except BREITEL, J., who dissents and votes to affirm on the ground that, regardless of what standard of proof is applied, the record, in view of the victim's wavering identification of the alleged delinquent, does not support as a matter of law an adjudication of delinquency
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People v. Rubin S.
...386 N.Y.S.2d 536 ... 87 Misc.2d 951 ... The PEOPLE of the State of New York ... RUBIN S., Defendant ... Supreme Court, Criminal Term, Queens County, Part VIII ... July 28, 1976 ... Jacob W. Friedman, New rk City, for defendant ... Nicholas Ferraro, Dist. Atty. (Dennis Lebwohl, Kew Gardens, of counsel), for People ... LEONARD ... ...
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G., In re
... ... Order affirmed ... In view of the decision in Matter of V. v. City of New York, 29 N.Y.2d 583, 272 N.E.2d 895, 324 N.Y.S.2d 313, dec. July 6, 1971 we are constrained to hold that Matter of Winship, 397 U.S. 358, 90 ... ...
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