Appellate Division of the Supreme Court of New York, 1974

In re Julius S.

In re Julius S.
Appellate Division of the Supreme Court of New York · Decided May 3, 1974
44 A.D.2d 826; 355 N.Y.S.2d 158; 1974 N.Y. App. Div. LEXIS 5112
In re Julius S.

Opinion of the Court

Appeal from two orders of the Family Court, Richmond County, dated December 28, 1973 and February 22, 1974, respectively, the first adjudicating appellant a juvenile delinquent, after a fact finding hearing, and the second committing him to the Elmira Reception Center for a term of three years. Orders reversed, on the law, without costs, and petition dismissed. Appellant was adjudicated a juvenile delinquent on the testimony of two accomplices. However, the record is devoid of any independent corroborative evidence tending to connect appellant with the commission of the offense alleged in the petition. Without such independent corroboration^ the adjudication of delinquency may not be sustained (People v. Fitzgerald, 244 N. Y. 307; Matter of William L., 41 A D 2d 674; Matter of Arthur M., 34 A D 2d 761). With commendable candor, the Corporation Counsel, respondent’s attorney, agrees that the order under review should be reversed. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Benjamin, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.