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Matter of William

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 407 (N.Y. App. Div. 1995)

Opinion

March 6, 1995

Appeal from the Family Court, Westchester County (Bellantoni, 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 matter is remitted to the Family Court, Westchester County, for the purpose of entering an order pursuant to Family Court Act § 375.1.

The appellant correctly contends that the petition and the supporting depositions filed by the presentment agency do not contain nonhearsay allegations establishing every element of the crimes charged and the appellant's commission thereof (see, Family Ct Act § 311.2; Matter of Lisette V., 199 A.D.2d 513; Matter of Robert C., 185 A.D.2d 845; cf., Matter of Antwan B., 198 A.D.2d 348). Therefore, although the appellant's guilt was proven beyond a reasonable doubt, the petition must be dismissed.

In view of our determination, we do not reach the appellant's remaining contentions. Balletta, J.P., Thompson, Joy and Florio, JJ., concur.


Summaries of

Matter of William

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1995
213 A.D.2d 407 (N.Y. App. Div. 1995)
Case details for

Matter of William

Case Details

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

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

Date published: Mar 6, 1995

Citations

213 A.D.2d 407 (N.Y. App. Div. 1995)
623 N.Y.S.2d 321