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PEOPLE EX REL. LAURING v. MUCCI

44 A.D.2d 479 (1974)

The People of the State of New York ex rel. Wendy S. Lauring, as Law Guardian, on Behalf of George Santiago, Appellant, v. Wayne Mucci, as Director of Detention Services, Human Resources Administration Juvenile Center for Boys, Respondent

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

May 28, 1974.

Attorney(s) appearing for the Case

Wendy Sue Lauring of counsel (Debora Ginsburg with her on the brief; Charles Schinitsky and William E. Hellerstein, attorneys), for appellant.

Alfred Weinstein of counsel (L. Kevin Sheridan with him on the brief; Adrian P. Burke, Corporation Counsel), for respondent.

MARKEWICH, J. P., KUPFERMAN, LUPIANO and TILZER, JJ., concur.

LANE, J.

The Family Court Act requires that a juvenile may be held in detention for no longer than 72 hours without a preliminary hearing to establish the jurisdiction of the court and to advise the juvenile of his rights (Family Ct. Act, §§ 728, 729).

While the statute does not specifically include the determination of probable cause as part of such a hearing, Chief Judge BREITEL (then Associate...

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