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PEOPLE v. SMITH

62 N.Y.2d 306 (1984)

The People of the State of New York, Respondent, v. Roger C. Smith, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1984.

Attorney(s) appearing for the Case

James F. Greenwald for appellant.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Michael P. Marmor of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur.

MEYER, J.

A child abuse or neglect proceeding under article 10 of the Family Court Act is a civil proceeding for the protection of the child alleged to be abused or neglected. Notwithstanding the requirement of section 262 of the Family Court Act that when the person named in such a petition first appears in court the Judge shall before proceeding advise him or her of the right to counsel, the filing of such...

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