Legal Opinion

In re Williams

New York City Family Court

Decided May 19, 1983PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Edward J. McLaughlin, J.

When a case is removed to the Family Court after the verdict of a jury has been vacated, the hearing that is held in the Family Court is essentially a civil sentencing since respondent has been found to be a juvenile delinquent (or adjudicated) prior to the removal of the case to the Family Court. (CPL 310.85, subd 3.) Accordingly, the purpose of the hearing held by the Family Court is to determine what disposition is appropriate under section 753 of the Family Court Act. This is so in spite of the fact that respondent’s need for treatment and…

2Cases cited14 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
  3. McKeiver v. PennsylvaniaSupreme Court of the United States · 1971
  4. Smith v. Daily Mail Publishing Co.Supreme Court of the United States · 1979
  5. Martarella v. KelleyDistrict Court, S.D. New York · 1972

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3Cited by2 opinions

  1. Doe v. New York City Department of Social ServicesDistrict Court, S.D. New York · 1987
  2. Doe v. NY CITY DEPT. OF SOCIAL SERVICESDistrict Court, S.D. New York · 1987

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