Appellate Division of the Supreme Court of New York, 1994

In re Dennis M.

In re Dennis M.
Appellate Division of the Supreme Court of New York · Decided October 3, 1994
208 A.D.2d 541; 616 N.Y.S.2d 998; 1994 N.Y. App. Div. LEXIS 9364
In re Dennis M.

Opinion of the Court

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Dabiri, J.), dated April 7, 1993, which, upon a fact-finding order of the same court, dated January 29, 1993, made after a hearing, finding that the appellant had *542committed an act which, if committed by an adult, would have constituted the crime of criminal possession of a weapon in the third degree, adjudged him to be a juvenile delinquent, and placed him on probation for two years.

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

As conceded by the presentment agency on appeal, the petition is jurisdictionally defective because the annexed ballistics report lacked sufficient nonhearsay allegations to make out a prima facie case that the gun and ammunition were operable (see, Matter of Rodney J., 83 NY2d 503). Accordingly, the petition is dismissed. Mangano, P. J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.