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MATTER OF ROBERT O.

87 N.Y.2d 9 (1995)

660 N.E.2d 1108

637 N.Y.S.2d 329

In the Matter of Robert O., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided December 5, 1995.

Attorney(s) appearing for the Case

Schisler & Sall, Poughkeepsie (Richard C. Schisler and David B. Sall of counsel), for appellant.

Ian G. MacDonald, County Attorney, Poughkeepsie (Victor A. Civitillo and Christian R. Cullen of counsel), for presentment agency, respondent.

Jane M. Spinak, New York City, and Robyn B. Millman for the Juvenile Rights Division of The Legal Aid Society, amicus curiae.

Paul A. Crotty, Corporation Counsel of New York City (Kristin M. Helmers and Deborah R. Douglas of counsel), for New York City, amicus curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

In this juvenile delinquency proceeding we are called upon to determine the consequences of a failure to hold the "initial appearance" within 10 days of the filing of the delinquency petition as required by Family Court Act § 320.2. We conclude that this flaw is not alone a reason to foreclose a timely prosecution of the underlying charges.

On March 2, 1993, the presentment agency filed...

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