Legal Opinion

In re Richard C.

New York City Family Court

Decided August 4, 1982PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Stanley Gartenstein, J.

We hold herein that there exists no statutory or constitutional right to a hearing in favor of the recipient of an adjournment in contemplation of dismissal. (ACD) prior to vacatur thereof and restoration of the underlying cause for trial or disposition.

the facts:

After the respondent herein was found to have committed an act which if committed by an adult would constitute a crime under section 165.25 of the Penal Law (jostling) the matter was adjourned in contemplation of dismissal on consent for a six-month period to expire on July 7, 1982. During…

2Cases cited18 opinions

  1. Fuentes v. ShevinSupreme Court of the United States · 1972
  2. Joint Anti-Fascist Refugee Committee v. McGrathSupreme Court of the United States · 1951
  3. Hassan v. Magistrates' CourtNew York Supreme Court · 1959
  4. People v. WingardNew York Court of Appeals · 1973
  5. McDonald v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1948

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3Cited by2 opinions

  1. In re Charles M.New York City Family Court · 1987
  2. In re HandNew York City Family Court · 1985

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