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MATTER OF KEVIN B.

128 A.D.2d 63 (1987)

In the Matter of Kevin B., a Person Alleged to be a Juvenile Delinquent, Respondent In the Matter of Timothy L., a Person Alleged to be a Juvenile Delinquent, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 7, 1987

Attorney(s) appearing for the Case

Lucy A. Cardwell of counsel (June A. Witterschein with her on the brief; Frederick A. O. Schwarz, Jr., Corporation Counsel, attorney), pro se.

Dustin P. Ordway of counsel (Lenore Gittis, attorney), for respondents.

MILONAS and WALLACH, JJ., concur with SULLIVAN, J.; MURPHY, P. J., and ASCH, J., dissent in an opinion by MURPHY, P. J.

SULLIVAN, J.

In each of these two juvenile delinquency proceedings the presentment agency, the Corporation Counsel of the City of New York, appeals from the dismissal of the petition after opening statements, but before any witness was sworn. In each opening statement the Assistant Corporation Counsel indicated that an eyewitness police officer, but not the complainant...

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