# In re Aaron D.

> Appellate Division of the Supreme Court of the State of New York · June 18, 1968 · 30 A.D.2d 183

URL: https://www.frixlaw.com/law-library/cases/5766569

## Case

- **Full name:** In the Matter of Aaron D., a Person Alleged to be a Juvenile Delinquent
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 18, 1968
- **Citations:** 30 A.D.2d 183; 290 N.Y.S.2d 935; 1968 N.Y. App. Div. LEXIS 3713
- **Precedential status:** Published
- **Opinion:** Concurrence by Capozzoli
- **Judges:** Capozzoli, Eager, Steuer
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5766569

## Opinion text

Capozzoli, J.
(concurring). I share the indignation of my learned colleague, Mr. Justice Steuer, as expressed in his dissent, however, as a court, distinguished from a legislative body, we are bound to respect and follow the precedents of higher courts which are handed down from time to time for our guidance. I agree with the majority because we are bound by the authorities cited in the majority opinion and no other lawful choice is available.
“ Neither man nor child can be allowed to stand condemned by methods which flout constitutional requirements of due process of law.” (Haley v. Ohio, 332 U. S. 596, 601 .)
Our own Court of Appeals, in a unanimous opinion by Chief Judge Fuld, has said as follows: ‘‘ Vicious though the crime was, convincing though the evidence of guilt may seem to be, we could affirm only if we were to announce a doctrine that the *188 fundamentals of a fair trial need not be respected if there is proof in the record to persuade us of defendant’s guilt. We are not prepared to announce such a doctrine. ” (People v. Mleczko, 298 N. Y. 153,163 .)
Under the circumstances and in view of the present law as established by binding precedents the majority could reach no other conclusion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5766569. Public record. Not legal advice.