Legal Opinion

In re Frederick B.

New York City Family Court

Decided November 28, 1979Published

1Opinion of the Court

OPINION OF THE COURT

Elrich A. Eastman, J.

This is an oral motion by the Law Guardian to dismiss this petition on the ground that it violates the mandate of section 750 of the Family Court Act and is contrary to the court’s administrative policy for processing such petitions (see Administrative Memorandum, Aug. 10, 1978) in that it is marked on its face "Designated Felony Act Petition” pursuant to section 712 (subd [h], par [v]) of the Family Court Act. Moreover, it is contended that the District Attorney seeks to prosecute the *1095case instead of the Corporation Counsel. (Family Ct Act, § 254,…

2Cases cited3 opinions

  1. Spencer v. TexasSupreme Court of the United States · 1966
  2. People v. BrownNew York Court of Appeals · 1969
  3. In re Jose L.Appellate Division of the Supreme Court of the State of New York · 1978

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