New York Court of Appeals

In the Matter of Edward B., a Person Alleged to be a Juvenile Delinquent

December 16, 199280 N.Y.2d 458

Summary

The Court affirmed the Appellate Division’s denial of the motion to dismiss, holding that a latent hearsay defect in a supporting deposition that is not apparent on the face of a juvenile delinquency petition does not require mandatory dismissal, and that the failure to conduct a contemporaneous voir dire of the minor’s capacity was waived because it was not raised timely.