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MATTER OF ELVIN G.

12 N.Y.3d 834 (2009)

In the Matter of ELVIN G., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of New York.

Decided May 7, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Raymond E. Rogers, Steven Banks and Tamara A. Steckler of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Edward F.X. Hart and Leonard Koerner of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur in memorandum; Judge PIGOTT dissents and votes to affirm in an opinion; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the matter remitted to Family Court for further proceedings in accordance with this memorandum.

Under CPL 710.60, applicable to juvenile delinquency proceedings pursuant to Family Court Act § 330.2 (1), a suppression hearing is required if the accused "raise[s] a factual dispute on a material...

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