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MATTER OF ROBERT M.

110 Misc.2d 113 (1981)

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

Family Court, New York County.

June 8, 1981

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Judith Levy of counsel), for petitioner. Mel A. Sachs for respondent. Morton Lieb for respondent's mother.

PEGGY C. DAVIS, J.

This case involves a charge of delinquency brought as a result of the robbery of a bank. Evidence has been offered to show that because of his immaturity, the respondent, who was 9 years and 10 months old at the time of the alleged offense, could not — or did not — have a culpable mental state. The court is urged to apply the common-law rebuttable presumption that a child between the ages of 7 and 14 is incapable of

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