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MATTER OF D.

81 N.Y.2d 1042 (1993)

619 N.E.2d 389

601 N.Y.S.2d 452

In the Matter of Terry D., a Person Alleged to be a Juvenile Delinquent, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1993.

Attorney(s) appearing for the Case

O. Peter Sherwood, Corporation Counsel of New York City (Linda H. Young, Elizabeth S. Natrella, Pamela Seider Dolgow and Scott A. Korenbaum of counsel), for New York City Board of Education and Linda Marks, appellants.

James H. Tatem for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE and BELLACOSA concur in memorandum; Judge SMITH dissents and votes to affirm in an opinion in which Judge HANCOCK, JR., concurs.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, appellants' cross motion to quash granted, and the certified question answered in the negative.

The juvenile delinquency petition and underlying complaint allege that on September 18, 1990, respondent Terry D., then one week shy of his 16th birthday, entered a classroom at Brandeis High School in Manhattan, cursed the teacher, blocked...

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