MATTER OF TONY


44 N.Y.2d 899 (1978)

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

Court of Appeals of the State of New York.

Decided June 6, 1978.


Attorney(s) appearing for the Case

Wendy Sue Lauring, William E. Hellerstein and Charles Schinitsky for appellant.

Allen G. Schwartz, Corporation Counsel (L. Kevin Sheridan and Francis F. Caputo of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order should be reversed and the petition dismissed.

It is now settled that double jeopardy is applicable in juvenile proceedings (Breed v Jones, 421 U.S. 519). That bar precludes appellate review of factual determinations which have been resolved in the accused's favor by the original trier of facts (see United States v Ball, 163 U.S. 662...

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