Appellate Division of the Supreme Court of New York, 1985

In re Ronald Maurice J.

In re Ronald Maurice J.
Appellate Division of the Supreme Court of New York · Decided July 12, 1985
112 A.D.2d 747; 492 N.Y.S.2d 245; 1985 N.Y. App. Div. LEXIS 56113
In re Ronald Maurice J.

Opinion of the Court

Order unanimously reversed, on the law, and petition dismissed, without costs. Memorandum: Upon its finding that respondent committed an act that if committed by an adult would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00 [1]), Family Court adjudicated respondent to be a juvenile delinquent (see, Family Ct Act § 301.2 [1]). We reverse. The proof was insufficient as a matter of law to demonstrate beyond a reasonable doubt that respondent intentionally damaged the property of another person (see, Family Ct Act § 342.2 [2]). (Appeal from order of Erie County Family Court, Honan, J. — juvenile delinquent.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.

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