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MATTER OF RALPH M

99 Misc.2d 828 (1979)

In the Matter of Ralph M., a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, New York County.

May 21, 1979

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Judith Levy of counsel), for petitioner. Steven Hiltz, Law Guardian. Susan Barnett for New York State Division for Youth. Gloria Zeche for Mental Health Information Service. Nancy Roth for New York State Office of Mental Health. Robert Abrams, Attorney-General (Thomas P. Dorsey and Anne Marsha Tannenbaum of counsel), for State of New York.

AILEEN HAAS SCHWARTZ, J.

The issue of mental illness in a criminal or juvenile delinquency proceeding tests our society's dedication to the principle of fundamental fairness.1 Two questions are raised in this case: (1) Does the preponderance standard of proof prescribed by subdivision 4 of section 760 of the Family Court Act comply with procedural due process requirements in the...

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