Opinion
May 20, 1971
Appeal from the Oneida County Family Court.
Present — Del Vecchio, J.P., Witmer, Gabrielli, Moule and Henry, JJ.
Orders unanimousily affirmed. 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 FCT of the Family Court Act unconstitutional as applied in this case 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 a reasonable doubt, will not be retroactively applied. The preponderance of the evidence supports the findings and order adjudging respondent to be a juvenile delinquent.