MATTER OF EDWIN L.


88 N.Y.2d 593 (1996)

671 N.E.2d 1247

648 N.Y.S.2d 850

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

Court of Appeals of the State of New York.

Decided July 9, 1996.


Attorney(s) appearing for the Case

Patricia S. Constantikes, New York City, Jane M. Spinak and Adrian Lesher for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Linda H. Young and Pamela Seider Dolgow of counsel), for respondent.

Robert M. Morgenthau, District Attorney of New York County, New York City (Patrick J. Hynes and Grace Vee of counsel), pro se, amicus curiae.

Chief Judge KAYE and Judges SIMONS and BELLACOSA concur with Judge SMITH; Judge LEVINE dissents in a separate opinion in which Judges TITONE and CIPARICK concur.


SMITH, J.

Appellant contends that before finding that a juvenile has violated the conditions of an adjournment in contemplation of dismissal (ACD), procedural due process principles require Family Court to conduct a hearing, at which hearsay evidence may be considered only after a finding of good cause by the court to dispense with the confrontation of witnesses. Since neither the Family Court Act nor the requirements...

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