Legal Opinion
In re Jose D.
New York City Family Court
Decided January 31, 1980PublishedCited by 1 opinion
1Opinion of the Court
*908OPINION OF THE COURT
Jack Turret, J.
In this delinquency proceeding respondent moves to dismiss for failure to state a claim, based on a lack of supporting affidavits for the complaint sworn on information and belief by a police officer. The action originated in the Criminal Court as a felony complaint charging the 15-year-old respondent with second degree robbery and attempted robbery, and was removed to the Family Court pursuant to CPL 180.75 on January 24, 1980.
Although section 731 of the Family Court Act is silent on the issue, recent case law has established that the standards of…
2Cases cited6 opinions
- People v. JamesNew York Court of Appeals · 1958
- In re WalshNew York City Family Court · 1969
- In re Martin D.New York City Family Court · 1979
- Beaudoin v. HarrisNew York City Family Court · 1976
- In re David A. L.New York City Family Court · 1970
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re MannNew York Family Court · 1987