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MATTER HENRY S. (11/18/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


November 18, 1969

IN THE MATTER OF HENRY S., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT

Concur -- Capozzoli, J. P., McGivern, Markewich, McNally and Steuer, JJ.

Determination of the Family Court entered on May 7, 1968, which found appellant had committed an act which, if committed by an adult, would constitute the crime of selling a dangerous drug, unanimously reversed on the facts and the law and in the exercise of discretion, and a new trial ordered, without costs. In the circumstances of this case, it was an improvident exercise of discretion to refuse a short adjournment.

19691118

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