People Ex Rel. Guggenheim v. Mucci

This habeas corpus proceeding was brought on behalf of a juvenile, who was detained by order of the Family Court on a charge that for an adult would have been a criminal homicide. Because detention was continued by adjournments of the required fact-finding hearing for some two months, over the juvenile’s objections, this proceeding was brought. It was urged that protracted detention without a hearing to establish probable cause was a violation of constitutional rights. Special Term dismissed the proceeding, rejecting petitioner’s argument, and a direct appeal on the constitutional issue was…