In re Iris R.

Memorandum.

The order of the Appellate Division should be reversed and the petition dismissed, without costs to either party.

In this case the determination of the fact-finding hearing utilized as its basis the preponderance of evidence standard. The Corporation Counsel, with commendable candor, points out that this court has said, “ proof beyond a reasonable doubt is constitutionally required for an adjudication that a minor is a person in need of supervision (see, In re Winship, 397 U. S. 358) ” (Matter of Richard S., 27 N Y 2d 802). Counsel observes this would seem to require reversal. We…