In re James H.
Appellate Division of the Supreme Court of the State of New York
1DissentSmith, J.
I would reverse this case and remand for either a fact-finding hearing or, in view of respondent’s age, a dismissal of the petition because of prejudicial errors committed with respect to the identification of the respondent.
The complainant was severely injured, particularly with respect to his eye and face, when a group of teen-agers beat him as he was walking east on 50th Street from 9th Avenue towards 8th Avenue on January 17, 1985 at about 11:45 a.m. The petition, dated August 14, 1985, alleged that respondent was a juvenile delinquent in that on or about January 17, 1985, he committed…
2Cases cited3 opinions
- People v. GriffinNew York Court of Appeals · 1971
- People v. RuffinoAppellate Division of the Supreme Court of the State of New York · 1985
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 1986