In re Shakeim C.
Opinion of the Court
In an order dated June 2, 2011, the Family Court granted that branch of the respondent’s motion which was to dismiss the petition and, in effect, dismissed the petition. The Family Court concluded that the petition did not “specify which complainant is the alleged victim in each count.” Further, the Family Court stated “there is no separate accusation or count to address each crime charged.” The Presentment Agency appeals, and we reverse.
“[A] petition is the sole instrument for the commencement, prosecution, and adjudication of [a] juvenile delinquency proceeding” (Matter of Detrece H., 78 NY2d 107, 110 [1991]), and it must include, among other things, “a plain and concise factual statement in each count which, without allegations of an evidentiary nature, asserts facts supporting every element of the crime charged and the respondent’s commission thereof with sufficient precision to clearly apprise the respondent of the conduct which is the subject of the accusation” (Family Ct Act § 311.1 [3] [h]; see Matter of Christopher M., 94 AD3d 1119 [2012]; Matter of Edwin O., 91 AD3d 654 [2012]). A petition is sufficient on its face when “the allegations of the factual part of the petition, together with those of any supporting depositions which may accompany it, provide reasonable cause to believe that the respondent committed the crime or crimes charged,” and the “non-hearsay allegations of the factual part of the petition or of any supporting depositions establish, if true, every element of each crime charged and the respondent’s commission thereof’ (Family Ct Act § 311.2 [2], [3]; see Matter of Jahron S., 79 NY2d 632, 635 [1992]; Matter of Michael Grudge M., 80 AD3d 614 [2011]).
Here, contrary to the Family Court’s determination, when the petition is read, as it must be, together with the supporting dep
Accordingly, the Family Court should not have granted that branch of the respondent’s motion which was to dismiss the petition. Rivera, J.P., Florio, Eng and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.