MATTER OF KALVIN


99 Misc.2d 996 (1979)

In the Matter of Howard Kalvin and Another, Persons Alleged to be Juvenile Delinquents, Respondents.

Family Court, Onondaga County.

April 25, 1979


Attorney(s) appearing for the Case

John N. Brunetti, Law Guardian, for respondents. Thomas P. Hughes, Deputy County Attorney, for petitioner.


EDWARD J. McLAUGHLIN, J.

Age is a jurisdictional fact in a juvenile delinquency proceeding and the burden of proving that the respondent falls within the age group over which the court has jurisdiction rests with the prosecution. The respondent's motion to dismiss for failure of proof is granted.

FACTS

Both respondents come before the court on allegations that they committed an act which if committed by persons who had reached their...

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