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Legal Opinion

Brunetti v. Scotti

New York Supreme Court

Decided February 21, 1974PublishedCited by 3 opinions

1Opinion of the CourtAbraham J. Gelrihoff, J.

This is an article 78 proceeding brought by the Legal Aid Society, on behalf of all criminal defendants with prior Family Court records. The petition seeks a judgment prohibiting the District Attorney of New York County from using the prior Family Court history of a defendant in a criminal case, upon an application for bail (CPL 510.30). Petitioner asserts that such use of the Family Court history contravenes sections 783 and 784 of the Family Court Act.

Section 783 provides that “ the fact that a person was before the family court ” on charges of juvenile delinquency shall not be ‘ ‘…

2Cases cited2 opinions

  1. Murphy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
  2. People v. MelvilleCriminal Court of the City of New York · 1970

3Cited by3 opinions

  1. United States v. Mateo Cuello, A/K/A "Matthew Cuello,"Court of Appeals for the Second Circuit · 2004
  2. People v. BrailsfordAppellate Division of the Supreme Court of the State of New York · 1984
  3. United States v. CarswellDistrict Court, N.D. New York · 2001

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