The following excerpt is from Pamela P. v. Frank S., 110 Misc.2d 978, 443 N.Y.S.2d 343 (N.Y. Fam. Ct. 1981):
13 While the instant case obviously does not evoke the strictures of criminal procedure, pertinent here is the criminal-constitutional law doctrine that a genuinely free choice is defeated by ignorance, concealment, or deception. See e. g. McCarthy v. United States, 394 U.S. 459, 466, 89 S.Ct. 1166, 1170, 22 L.Ed.2d 418 (1969).
14 See City of Mobile v. Bolden, 446 U.S. 55, 62-64, 66-69, 100 S.Ct. 1490, 1497-98, 1499-01, 64 L.Ed.2d 47 (1980), emphasizing the importance in constitutional doctrine of the actor's intent to deprive, as distinguished from the mere effect of the act.
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