From Casetext: Smarter Legal Research

Matter of Melissa

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 1006 (N.Y. App. Div. 1988)

Opinion

May 27, 1988

Appeal from the Erie County Family Court, Sedita, J.

Present — Dillon, P.J., Denman, Boomer, Pine, and Balio, JJ.


Order unanimously reversed on the law and matter remitted to Erie County Family Court for further proceedings, in accordance with the following memorandum: There is insufficient evidence to sustain the adjudication that respondent is a person in need of supervision. The only evidence consisted of an admission by the Law Guardian that respondent was guilty of the conduct charged in the petition. Such admission by one who has no personal knowledge of the facts is not legally competent evidence to support a finding of guilt beyond a reasonable doubt (see, Matter of William C., 140 A.D.2d 1004).


Summaries of

Matter of Melissa

Appellate Division of the Supreme Court of New York, Fourth Department
May 27, 1988
140 A.D.2d 1006 (N.Y. App. Div. 1988)
Case details for

Matter of Melissa

Case Details

Full title:In the Matter of MELISSA P., a Person Alleged to be in Need of Supervision

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

Date published: May 27, 1988

Citations

140 A.D.2d 1006 (N.Y. App. Div. 1988)

Citing Cases

Matter of Kent

Moreover, Family Court accepted the admission from respondent's attorney, not from respondent himself. Those…

Matter of Christopher

The admissions to the PINS petition and to the petition alleging a violation of probation were made by the…