The People of the State of New York ex rel. Robert F. Wayburn, Law Guardian, on Behalf of Charles L. (ANONYMOUS), Respondent,
v.
Harriet Schupf, as Acting Director of Detention Services, Human Resources Administration, Juvenile Center for Boys, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 22, 1976.
Decided May 13, 1976.
Attorney(s) appearing for the Case
W. Bernard Richland, Corporation Counsel (Leonard Koerner, L. Kevin Sheridan and Diane R. Eisner of counsel), for appellant.
Martin Guggenheim, William R. Sneed and Charles Schnitsky for Charles L., respondent, and Robert F. Wayburn, Law Guardian in person, on behalf of Charles L., respondent.
Louis J. Lefkowitz, Attorney-General (Jules E. Orenstein, Samuel A. Hirshowitz and Gabriel I. Levy of counsel), in his statutory capacity under section 71 of the Executive Law.
Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER concur with Judge JONES; Judges FUCHSBERG and COOKE concur in result in separate concurring opinions.
Court of Appeals of the State of New York.
JONES, J.
We hold that the provision of the Family Court Act1 that authorizes pretrial detention of a youth charged as a juvenile delinquent when there is a serious risk that he may commit a criminal act before the return date of the petition does not violate the equal protection or due process provisions of our Federal or State Constitutions.
On October 8, 1974 a petition...
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