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MATTER OF DANIEL D.

34 A.D.2d 41 (1970)

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

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 9, 1970.

Attorney(s) appearing for the Case

MacKenzie, Smith, Lewis, Michell & Hughes (Dennis G. O'Hara of counsel), for appellant.

Eli Gingold, County Attorney (Hugh C. Gregg, II, of counsel), for respondent.

GOLDMAN, P. J., WITMER and MOULE, JJ., concur with GABRIELLI, J.; HENRY, J., dissents and votes to affirm in opinion.

GABRIELLI, J.

In a case of first impression, we are called upon to determine whether the Sixth and Fourteenth Amendments to the United States Constitution require a jury trial in a Family Court proceeding charging appellant with being a juvenile delinquent based on an act which, if committed by an adult, would constitute a felony and thus entitle him to a jury trial.

On January 29, 1969 appellant, then...

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