Legal Opinion
In re S.S.
New York City Family Court
Decided May 25, 2007PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lawrence, J.
In a matter of first impression, the court must decide if double jeopardy attaches where a juvenile delinquency fact-finding hearing has been held, and the petition has been dismissed at the conclusion of the presentment agency’s case.
The juvenile delinquency petition in this matter was dismissed by order dated February 15, 2007 after this court granted the respondent’s oral motion to dismiss for the presentment agency’s failure to make a prima facie case upon the fact-finding hearing.
The presentment agency now moves pursuant to CPLR 2221 for an…
2Cases cited14 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- Smalis v. PennsylvaniaSupreme Court of the United States · 1986
- Held v. KaufmanNew York Court of Appeals · 1998
- Matter of Jose R.New York Court of Appeals · 1994
- In re Lionel F.New York Court of Appeals · 1990
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3Cited by1 opinion
- Matter of S.S.New York Family Court, Nassau County · 2007