Matter of Tony
Cases that cite this one
10 later published cases cite this decision.
- Government of the Virgin Islands ex rel. Evan S. (Supreme Court of The Virgin Islands 1979)
- Matter of Jose R. (N.Y. 1994)
- Whitney v. Perry (Appellate Division of the Supreme Court of New York 1994)
- People v. Stanley (Appellate Division of the Supreme Court of New York 1991)
- North Triphammer Development Corp. v. Ithaca Associates (District Court, S.D. New York 1989)
- People v. Fecunda (Appellate Division of the Supreme Court of New York 1989)
- 130-164 Ravine Avenue Inc. v. Ravine Associates (Appellate Division of the Supreme Court of New York 1988)
- Tator v. Salem (Appellate Division of the Supreme Court of New York 1981)
- People v. Rodriguez (Appellate Division of the Supreme Court of New York 1980)
- Colonial Diversified, Inc. v. Assured Holding Corp. (Appellate Division of the Supreme Court of New York 1979)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
The order should be reversed and the petition dismissed.
It is now settled that double jeopardy is applicable in juvenile proceedings (Breed v Jones, 421 US 519). That bar precludes appellate review of factual determinations which have been resolved in the accused’s favor by the original trier of facts (see United States v Ball, 163 US 662, 671; United States ex rel. Graham v Mancusi, 457 F2d 463, 469; cf. United States v Jenkins, 420 US 358, 366-367; People v Brown, 40 NY2d 381, cert den. 429 US 975). Thus, however it might have disagreed with it, the Appellate Division was bound by the Family Court’s determination that appellant was not guilty of robbery or assault. If appellant did not participate in or facilitate the robbery, there was insufficient proof on which to premise a finding that the defendant knew that the purse was stolen beyond that which had been offered in support of the unsuccessful prosecution on the robbery charge, or indeed that he had even taken possession of the purse. He could not be *901 found guilty of acts which, if committed by an adult, would constitute the crime of criminal possession of stolen property.
Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.
Order reversed, without costs, and petition dismissed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.