36 A.D.2d 1018 | N.Y. App. Div. | 1971
Memorandum: The order denying respondent a jury trial in this proceeding to adjudicate her a juvenile delinquent and the order refusing to declare subdivision (b) of section 744 of the Family Court Act unconstitutional as applied in this ease are affirmed under constraint of Matter of D. (Daniel) (27 N Y 2d 90) which held not only that a jury trial is not required in juvenile delinquency cases but that the rule in Matter of Winship (397 U. S. 358) that the proof must be beyond