From Casetext: Smarter Legal Research

Matter of Juan

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1994
205 A.D.2d 769 (N.Y. App. Div. 1994)

Opinion

June 27, 1994

Appeal from the Family Court, Kings County (Lubow, J.).


Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the appellant's record is sealed pursuant to Family Court Act § 375.1.

It is well established that "[i]n order to establish a prima facie case against a juvenile, a petition must contain `"[n]onhearsay allegations * * * [that] establish, if true, every element of the offense charged and the accused's commission of the offense"' (Matter of Jahron S., 79 N.Y.2d 632, 637; see, Family Ct Act § 311.2)" (Matter of Wesley M., 83 N.Y.2d 898, 899). Since the police laboratory reports annexed to the petition "`purport * * * only to be a [certified] cop[ies] of the original report[s], and give * * * no indication that [they were] signed by the person who tested the [drugs] and prepared th[e] original report[s]' * * * the petition must be dismissed as jurisdictionally defective on its face due to the absence of nonhearsay allegations establishing every element of the offenses charged" (Matter of Wesley M., 83 N.Y.2d 898, 899, supra, quoting Matter of Rodney J., 83 N.Y.2d 503). Sullivan, J.P., Balletta, Altman and Friedmann, JJ., concur.


Summaries of

Matter of Juan

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1994
205 A.D.2d 769 (N.Y. App. Div. 1994)
Case details for

Matter of Juan

Case Details

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

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

Date published: Jun 27, 1994

Citations

205 A.D.2d 769 (N.Y. App. Div. 1994)
614 N.Y.S.2d 929

Citing Cases

Matter of Kenneth

While the signature is partially illegible, the name Schmidt can be clearly gleaned from the face of the…