Legal Opinion · Dissent

In re Ryan W.

Appellate Division of the Supreme Court of the State of New York

Decided September 26, 1988Published

1Dissent

Brown, J.,

dissents and votes to reverse the order of disposition, to vacate the fact-finding order, and to dismiss the proceeding with the following memorandum: I conclude that the evidence of identification in this case was legally and factually insufficient to establish the appellant’s guilt beyond a reasonable doubt (Family Ct Act § 342.2 [2]; Matter of Charles B., 83 AD2d 575, appeal dismissed 54 NY2d 1026; cf., CPL 470.15; People v Noland, 27 AD2d 663). Accordingly, I dissent.

Although the arresting officer identified the appellant as the person who deposited the contraband in the vacant…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. NolandAppellate Division of the Supreme Court of the State of New York · 1967
  3. People v. Armioia, New York County Courts1981
  4. In re Charles B.Appellate Division of the Supreme Court of the State of New York · 1981

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