Opinion
November 14, 1983
In a juvenile delinquency proceeding pursuant to article 7 of the Family Court Act, the petitioner appeals from an order of the Family Court, Queens County (Gartenstein, J.), dated March 24, 1982, which dismissed the petition. Appeal dismissed, without costs or disbursements. After the court suppressed respondent's statements to the police the petitioner rested his case. The court then dismissed the petition pursuant to section 751 FCT of the Family Court Act because appellant had failed to establish the allegations of the petition. That order of dismissal is akin to a trial order of dismissal under CPL 290.10 and constitutes an adjudication on the merits in favor of the accused. The double jeopardy rule, which is applicable in juvenile proceedings ( Breed v Jones, 421 U.S. 519), prohibits a retrial after such an order is entered ( United States v Jenkins, 420 U.S. 358; People v Brown, 40 N.Y.2d 381, cert den sub nom. New York v Brown, 433 U.S. 913). Since reversal of this order can only result in the need for a retrial which is prohibited by the principles of double jeopardy, the instant appeal must be dismissed ( Matter of Roger W., 61 A.D.2d 884). Before resting his case petitioner could have sought permission to appeal from this court pursuant to section 1112 FCT of the Family Court Act from a nondispositional order entered on the decision suppressing respondent's statements to the police. Mollen, P.J., Damiani, Mangano and Gulotta, JJ., concur.