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PEOPLE EX REL. GUGGENHEIM v. MUCCI

32 N.Y.2d 307 (1973)

The People of the State of New York ex rel. Martin Guggenheim, as Law Guardian, on Behalf of Robert P., Appellant, v. Wayne Mucci, as Director of Detention Services Human Resources Administration Juvenile Center for Boys, Respondent.

Court of Appeals of the State of New York.

Decided April 26, 1973.

Attorney(s) appearing for the Case

Martin Guggenheim, Law Guardian for Robert P., and Charles Schinitsky for appellant.

Norman Redlich, Corporation Counsel (Jesse J. Fine and Stanley Buchsbaum of counsel), for respondent.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur.

BREITEL, J.

This habeas corpus proceeding was brought on behalf of a juvenile, who was detained by order of the Family Court on a charge that for an adult would have been a criminal homicide. Because detention was continued by adjournments of the required fact-finding hearing for some two months, over the juvenile's objections, this proceeding was brought. It was urged that protracted detention without a hearing...

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