¶1Memorandum: The order denying respondent a jury trial in this proceeding to adjudicate her a juvenile delinquent and the order refusing to declare subdivision (b) of section 744 of the Family Court Act unconstitutional as applied in this ease are affirmed under constraint of Matter of D. (Daniel) (27 N Y 2d 90) which held not only that a jury trial is not required in juvenile delinquency cases but that the rule in Matter of Winship (397 U. S. 358) that the proof must be beyond *1019a reasonable doubt, will not be retroactively applied. The preponderance of the evidence supports the findings and order adjudging respondent to be a juvenile delinquent. (Appeal from orders of Oneida County Family Court, adjudging respondent to be a juvenile delinquent.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Henry, JJ.
36 A.D.2d 1018
In re Joann M.
Appellate Division of the Supreme Court of the State of New York
Decided May 20, 1971
Appellate Division of the Supreme Court of the State of New York · decided 1971-05-20
Cited by 2 later decisions — most recently March 2005
2 state decisions
Relies on In the Matter of Samuel Winship
Good law ✅— No negative treatment on recordhow we know
Decided 1971-05-20
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