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MATTER OF C.

36 A.D.2d 712 (1971)

In the Matter of Keith C., A Person Alleged to be a Juvenile Delinquent, Appellant

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

March 23, 1971

The findings of a Family Court Judge in the instant proceeding were based upon a preponderance of the evidence which was the prevailing standard at the time of trial. However, we have since decided that Matter of Winship (397 U.S. 358) which held that a finding of guilt in a delinquency proceeding must rest upon proof beyond a reasonable doubt, "should be retroactively applied to all cases still in the appellate process." (Matter...

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