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  5. 47 N.Y.2d 750 (1979)
 

MATTER OF ROGER

47 N.Y.2d 750 (1979)

In the Matter of Roger S., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1979.

Attorney(s) appearing for the Case

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

Allen G. Schwartz, Corporation Counsel (Carolyn E. Demarest and L. Kevin Sheridan of counsel), for respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER. Judge JONES dissents and votes to affirm in an opinion in which Judge FUCHSBERG concurs.

Appeal dismissed, without costs, upon the ground that no substantial constitutional question is directly involved.

JONES, J. (dissenting).

I respectfully dissent from the decision of the majority to dismiss the appeal in this case. In my opinion appellant does raise a substantial constitutional objection, thus entitling him to an appeal as of right under CPLR 5601 (subd [b], par 1) although on consideration of his appeal I would affirm the Appellate...

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