Legal Opinion

In re Richard S.

New York Court of Appeals

Decided October 8, 1970PublishedCited by 10 opinions

1Opinion of the Court

Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur in the following memorandum; Chief Judge Fuld concurs in result.

Memorandum. Upon remand from the Supreme Court of the United States (397 U. S. 597) the motion for reargument of motion for leave to appeal should be granted and, upon reargument, the motion for leave to appeal should be granted.

We hold that 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). Inasmuch as proof in the instant case was merely by a…

2Cases cited2 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Richard S. v. City of New YorkSupreme Court of the United States · 1970

3Cited by10 opinions

  1. In re Terry UUAppellate Division of the Supreme Court of the State of New York · 1976
  2. In re Keith H.New York City Family Court · 1990
  3. In re Leif Z.New York City Family Court · 1980
  4. In re David N.Appellate Division of the Supreme Court of the State of New York · 1983
  5. In re Freeman B.Appellate Division of the Supreme Court of the State of New York · 1983

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