[Download] "Matter Patricia A." by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Matter Patricia A.
- Author : Court of Appeals of New York
- Release Date : January 07, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
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[31 N.Y.2d 83 Page 85] The appellant Patricia A. has been adjudicated a person in need of supervision (referred to at times as PINS) pursuant
to section 712 (subd. [b]) of the Family Court Act. Such a person is there defined as "a male less than sixteen years of age
and a female less than eighteen years of age who does not attend school in accord with the provisions of part one of article
sixty-five of the education law [relating to truancy or other nonattendance] or who is incorrigible, ungovernable or habitually
disobedient and beyond the lawful control of parent or other lawful authority." The appellant, 16 years old at the time of
her PINS adjudication, contends, first -- as does 15-year-old Tomasita in the companion appeal (Matter of Tomasita, N., 31
N.Y.2d 927, also decided today) -- that the statute offends against the requirements of due process in that it is unconstitutionally
vague and, second, that it discriminates against the 16 and 17-year-old female in violation of the Equal Protection Clause
of the State and Federal Constitutions. We treat each claim separately.