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MATTER OF AUDINO M.

43 A.D.2d 92 (1973)

In the Matter of Audino M., a Person Alleged to be a Juvenile Delinquent, Appellant

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

December 4, 1973.

Attorney(s) appearing for the Case

Steven M. Schlussel of counsel (Carol Sherman with him on the brief; William E. Hellerstein and Charles Schinitsky, attorneys), for appellant.

Mark D. Lefkowitz of counsel (Stanley Buchsbaum with him on the brief; Norman Redlich, Corporation Counsel), for respondent.

MURPHY and LANE, JJ., concur with CAPOZZOLI, J.; McGIVERN, J. P., dissents in an opinion in which STEUER, J., concurs.

CAPOZZOLI, J.

This is an appeal, in a juvenile delinquency proceeding, from an order of disposition which placed the juvenile involved on probation for a period of six months, which order followed a determination, after a fact-finding hearing, that said juvenile had committed acts which, if done by an adult, would have constituted the crime of criminal possession of a dangerous drug, in violation of section 220...

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