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MATTER OF GEORGE T.

99 N.Y.2d 307 (2002)

786 N.E.2d 2

756 N.Y.S.2d 103

In the Matter of GEORGE T., Appellant.

Court of Appeals of the State of New York.

Decided December 17, 2002.

Attorney(s) appearing for the Case

Legal Aid Society Juvenile Rights Division, New York City (Gary Solomon, Monica Drinane and Stacy Schneider of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner and Barry P. Schwartz of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, WESLEY, ROSENBLATT and GRAFFEO concur with Judge CIPARICK; Judge SMITH dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

Respondent, George T., was arraigned in Family Court on May 10, 2001, on a one-count petition charging him with the commission of acts which if committed by an adult would constitute the crime of criminal possession of marijuana in the fifth degree, a class B misdemeanor. He was placed in secure detention, as it was reported to the court that at the time of arrest, respondent...

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