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MATTER OF V.

35 A.D.2d 806 (1970)

In the Matter of Ivan V., a Person Alleged to be a Juvenile Delinquent, Appellant

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

November 24, 1970

In Matter of Winship (397 U.S. 358) the Supreme Court of the United States held that subdivision (b) of section 744 of the Family Court Act was unconstitutional and that a finding of guilt in a delinquency proceeding must rest upon proof beyond a reasonable doubt. This is a constitutional right. The findings of the Family Court Judge in the instant proceeding were based upon the then prevailing preponderance of evidence standard rather...

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