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  5. 27 N.Y.2d 90 (1970)
 

MATTER OF D. (DANIEL)

27 N.Y.2d 90 (1970)

In the Matter of Daniel Richard D., a Person Alleged to be a Juvenile Delinquent, Respondent. County of Onondaga, Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1970.

Attorney(s) appearing for the Case

Eli Gingold, County Attorney (Hugh C. Gregg, II and Ronald J. Crowley of counsel), for appellant.

Dennis G. O'Hara for respondent.

Judges BERGAN, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD dissents and votes to affirm in an opinion in which Judge BURKE concurs; Judge BREITEL dissents and votes to modify in a separate opinion.

SCILEPPI, J.

This is an appeal, taken by the County of Onondaga from an order of the Appellate Division, Fourth Department, which reversed an order of the Family Court, Onondaga County, adjudicating Daniel Richard D. to be a juvenile delinquent and remitting the matter to the Family Court for further proceedings.

On January 24, 1969 Daniel Richard D., the respondent herein, was taken into custody in connection...

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