Legal Opinion

Matter of Robert O.

New York Court of Appeals

Decided December 5, 1995PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Titone, J.

In this juvenile delinquency proceeding we are called upon to determine the consequences of a failure to hold the "initial appearance” within 10 days of the filing of the delinquency petition as required by Family Court Act § 320.2. We conclude that this flaw is not alone a reason to foreclose a timely prosecution of the underlying charges.

On March 2, 1993, the presentment agency filed a petition alleging that respondent committed acts, which if committed by an adult, would constitute the crimes of burglary in the first degree, burglary in the second degree and…

2Cases cited8 opinions

  1. People v. OsgoodNew York Court of Appeals · 1980
  2. In re Frank C.New York Court of Appeals · 1987
  3. In re Detrece H.New York Court of Appeals · 1991
  4. Matter of Jose R.New York Court of Appeals · 1994
  5. In re Tommy C.Appellate Division of the Supreme Court of the State of New York · 1992

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3Cited by17 opinions

  1. Matter of Willie E.New York Court of Appeals · 1996
  2. In re Anthony H.Appellate Division of the Supreme Court of the State of New York · 1996
  3. In re Jessica MM.Appellate Division of the Supreme Court of the State of New York · 1998
  4. In re Moneysha W.New York Family Court · 2004
  5. In re Steve B.Appellate Division of the Supreme Court of the State of New York · 1996

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