Legal Opinion
In re Kalvin
New York Family Court
Decided April 25, 1979PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward J. McLaughlin, J.
Age is a jurisdictional fact in a juvenile delinquency proceeding and the burden of proving that the respondent falls within the age group over which the court has jurisdiction rests with the prosecution. The respondent’s motion to dismiss for failure of proof is granted.
FACTS
Both respondents come before the court on allegations that they committed an act which if committed by persons who had reached their 16th birthday would have been a crime. Also the petition alleges that the crime in which the respondents were allegedly involved would be assault…
2Cases cited12 opinions
- Thrasher v. United States Liability InsuranceNew York Court of Appeals · 1967
- Borkowski v. BorkowskiAppellate Division of the Supreme Court of the State of New York · 1972
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1979
- Commonwealth v. DurhamSuperior Court of Pennsylvania · 1978
- Jemzura v. BeldenDistrict Court, N.D. New York · 1968
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. Chin Min FooNew York Supreme Court · 1989
- In re Donald F.Appellate Division of the Supreme Court of the State of New York · 1983
- In re SmithNew York City Family Court · 1981
- Commonwealth v. A JuvenileMassachusetts Appeals Court · 1989