MATTER OF H.


40 A.D.2d 775 (1972)

In the Matter of Daisy H., a Person Alleged to be in Need of Supervision, Appellant

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

November 9, 1972


The Trial Judge must make clear whether he intended to make his findings on the basis of a preponderance of the evidence or on the basis of proof beyond a reasonable doubt. The order of adjudication in the instant case reads that the finding is "by a preponderance of the evidence". The quoted words are printed matter on the form. There is no other statement in the record as to the standard of proof used by the Trial Judge. Under the circumstances, it is not clear what standard...

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