Legal Opinion
In re Christopher B.
Appellate Division of the Supreme Court of the State of New York
Decided July 16, 1993PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Green, J.
Respondent Christopher B. was adjudicated a juvenile delinquent upon a finding that he committed an act which, if committed by an adult, would constitute the crime of unauthorized use of a vehicle in the third degree (Penal Law § 165.05 [1]). The principal issue before us is whether Family Court should have used testimony elicited at the probable cause hearing as the basis for its finding of guilt beyond a reasonable doubt at the fact-finding hearing. We conclude that the use of such testimony is not authorized by the Family Court Act.
On December 13, 1991, the…
2Cases cited21 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- In Re GAULTSupreme Court of the United States · 1967
- Schall v. MartinSupreme Court of the United States · 1984
- In re Leon RRNew York Court of Appeals · 1979
- Johnson v. LutzNew York Court of Appeals · 1930
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3Cited by1 opinion
- Hochhauser v. Electric InsuranceAppellate Division of the Supreme Court of the State of New York · 2007