In re Kevin B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
In each of these two juvenile delinquency proceedings the presentment agency, the Corporation Counsel of the City of New York, appeals from the dismissal of the petition after opening statements, but before any witness was sworn. In *65each opening statement the Assistant Corporation Counsel indicated that an eyewitness police officer, but not the complainant, would testify to prove the acts charged. In dismissing, Family Court (the same Judge in each instance) held that the failure to call the complainant as a witness would be fatal to the presentment agency’s…
2Cases cited13 opinions
- Breed v. JonesSupreme Court of the United States · 1975
- People v. BarnesNew York Court of Appeals · 1980
- People v. BenzingerNew York Court of Appeals · 1974
- People v. LicitraNew York Court of Appeals · 1979
- People v. BorreroNew York Court of Appeals · 1970
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3Cited by13 opinions
- Matter of Jose R.New York Court of Appeals · 1994
- In re Danasia Mc.Appellate Division of the Supreme Court of the State of New York · 2012
- Commonwealth v. ZambelliSuperior Court of Pennsylvania · 1997
- In re MaldonadoAppellate Division of the Supreme Court of the State of New York · 1987
- People v. LydonAppellate Division of the Supreme Court of the State of New York · 2006
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