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MATTER OF GERMAN F.

13 Misc.3d 642 (2006)

821 N.Y.S.2d 410

In the Matter of GERMAN F. and HECTOR R., Persons Alleged to be Juvenile Delinquents, Respondents.

Family Court, Queens County.

August 25, 2006.

Attorney(s) appearing for the Case

Leonard G. Weinberger, Kew Gardens, Law Guardian for German F. John C. Macklin, New Hyde Park, Law Guardian for Hector R. Michael A. Cardozo, Corporation Counsel, New York City (Sanida Halebic of counsel), for presentment agency.

OPINION OF THE COURT

JOHN M. HUNT, J.

In these juvenile delinquency proceedings in which the presentment agency alleges that the respondents, German F. and Hector R., committed acts which would constitute the crimes of assault in the third degree and attempted assault in the third degree, the court must determine whether the admission of the out-of-court statement of the nontestifying victim violates respondents' rights under the Sixth Amendment of the United...

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