Capo v. Kelley, 17 A.D.2d 613 (N.Y. App. Div. 1962). · Go Syfert
Capo v. Kelley, 17 A.D.2d 613 (N.Y. App. Div. 1962). Cases Citing This Book View Copy Cite
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In the Matter of Lopez Capo, an Infant
v.
Florence Kelley, as Presiding Justice of Children's Court Division, Domestic Relations Court of the City of New York, New York County
Appellate Division of the Supreme Court of the State of New York.
Jul 3, 1962.
Published opinion
17 A.D.2d 613
1962 N.Y. App. Div. LEXIS 8621
Published

Adjudication of delinquency entered August 1, 1961 unanimously affirmed. The record abundantly supports the determination. Appellant had ample opportunity to procure counsel prior to the holding of the hearing. Nevertheless, on appellant’s application for a rehearing after obtaining counsel the trial court should have exercised its discretion to the end of conducting a hearing thereon for the purpose of determining whether the proffered additional testimony of the alibi witnesses warranted a new trial. Accordingly, the order denying the rehearing is unanimously reversed, on the law, on the facts and in the exercise of discretion, and the motion therefor remanded to the Trial Justice for the purpose of holding such a hearing. Concur — Botein, P. J., Rabin, McNally, Stevens and Steuer, JJ.