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MATTER OF L.

81 N.Y.2d 898 (1993)

In the Matter of Nakia L., a Person Alleged to be Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1993.

Attorney(s) appearing for the Case

Patricia S. Constantikes, New York City, Carol Goldstein and Lenore Gittis for appellant.

O. Peter Sherwood, Corporation Counsel of New York City (Elizabeth I. Freedman and Francis F. Caputo of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the petition dismissed.

A delinquency petition was filed against respondent on May 21, 1989, alleging that he committed acts which, if done by an adult, would have constituted attempted robbery and attempted assault. As required by Family Court Act § 340.1 (2), a fact-finding hearing was scheduled to take place within 60 days...

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