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Matter of Jahron

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1991
176 A.D.2d 886 (N.Y. App. Div. 1991)

Opinion

October 21, 1991

Appeal from the Family Court, Queens County (Schindler, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant contends that the petition was jurisdictionally defective because, absent a laboratory report, it was predicated on hearsay allegations (see, Family Ct Act § 311.2). We disagree. The supporting deposition of the arresting officer was based on the officer's own observations of the appellant, and on his expertise as a member of a special narcotics unit in identifying the substance retrieved from the appellant's pocket as cocaine in crack form. The deposition therefore satisfied the requirement in Family Court Act § 311.2 (3) for "non-hearsay allegations of the factual part of the petition" (cf., Matter of Detrece H., 78 N.Y.2d 107; Matter of David T., 75 N.Y.2d 927, 928-929). Harwood, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

Matter of Jahron

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1991
176 A.D.2d 886 (N.Y. App. Div. 1991)
Case details for

Matter of Jahron

Case Details

Full title:In the Matter of JAHRON S., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 21, 1991

Citations

176 A.D.2d 886 (N.Y. App. Div. 1991)
575 N.Y.S.2d 355

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