Can the respondent proceed to a fact finding hearing on an alleged act of delinquency without a jury?
"New York", United States of America
The following excerpt is from Felder, Matter of, 402 N.Y.S.2d 528, 93 Misc.2d 369 (N.Y. Fam. Ct. 1978):
It is the determination of this court that it is entitled to proceed to the fact finding hearing on this alleged act of delinquency without a jury, provided that prior to the taking of any testimony the court advises the respondent that regardless of the outcome, this court will not order restrictive placement, and this it now does. Baldwin v. New York, supra.
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