The Family Court's earlier denial of respondent's request for a probable cause hearing was improper, as it was based upon defense counsel's statement that he was not ready to proceed with the fact-finding hearing. The probable cause hearing cannot be waived even though the respondent himself states that he is not ready to proceed with the fact-finding hearing (Family Ct Act § 325.1 [4]; People ex rel. Kaufmann v Davis,
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PEOPLE EX REL. McCARTHY v. WASHINGTON
194 A.D.2d 460 (1993)
599 N.Y.S.2d 265
The People of the State of New York ex rel. Edward McCarthy, on Behalf of James Garvin, Respondent, v. Rose Washington, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
June 22, 1993
June 22, 1993
Appellate Division of the Supreme Court of the State of New York, First Department.
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