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IN THE MATTER OF S.S.

16 Misc.3d 660 (2007)

837 N.Y.S.2d 863

In the Matter of S.S., a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, Nassau County.

May 25, 2007.

Attorney(s) appearing for the Case

Lorna B. Goodman, County Attorney (Mary Neggie of counsel), for presentment agency.

Marks & Marks (Wayne Marks of counsel), for respondent.

OPINION OF THE COURT

RICHARD S. LAWRENCE, J.

In a matter of first impression, the court must decide if double jeopardy attaches where a juvenile delinquency fact-finding hearing has been held, and the petition has been dismissed at the conclusion of the presentment agency's case.

The juvenile delinquency petition in this matter was dismissed by order dated February 15, 2007 after this court granted the respondent's oral motion to dismiss for the...

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