Opinion
June 20, 1994
Appeal from the Family Court, Kings County (Yancey, 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.
We find no merit to the appellant's contention that his motion to suppress the weapon found in his possession should have been granted. Under the circumstances, the arresting officer had reasonable suspicion to believe that the appellant was armed (see, People v. De Bour, 40 N.Y.2d 210, 223; Matter of Frankie M., 200 A.D.2d 479).
As the presenting agency correctly concedes, however, the petition, along with its supporting deposition, failed to allege sufficient nonhearsay facts, which, if true, would establish every element of the commission of an act which, if done by an adult, would constitute the crime of criminal possession of a weapon in the third degree and the appellant's commission thereof (see, Penal Law § 265.02; Matter of Rodney J., 83 N.Y.2d 503; Family Ct Act § 311.2). Accordingly, the petition is jurisdictionally defective and must be dismissed (see, Family Ct Act § 311.2; Matter of Rodney J., supra; Matter of Jahron S., 79 N.Y.2d 632). Any application to unseal the records at the instant proceeding for purposes of bringing a new petition should be referred to the Family Court. Sullivan, J.P., Balletta, Copertino and Santucci, JJ., concur.