In re Andy B.

Appellate Division of the Supreme Court of New York

In re Andy B.

205 A.D.2d 361, 613 N.Y.S.2d 366, 1994 N.Y. App. Div. LEXIS 6222

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 1994

StatusPublished

Cited by1 cases

This text of 205 A.D.2d 361 (In re Andy B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Andy B., 205 A.D.2d 361, 613 N.Y.S.2d 366, 1994 N.Y. App. Div. LEXIS 6222 (N.Y. Ct. App. 1994).

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Opinion

Order of disposition, Family Court, New York County (Bruce Kaplan, J.), entered February 23, 1993, which adjudicated appellant a juvenile delinquent following a fact-finding determination that he had committed an act which, if committed by an adult, would constitute the crime of criminal sale of a controlled substance in the third degree, and conditionally discharged him for a period of 12 months, unanimously reversed, on the law, and the petition dismissed, without costs.

As the presentment agency concedes, on constraint of Matter of Rodney J., which was affirmed by the Court of Appeals after the instant appeal was perfected (194 AD2d 342, affd 83 NY2d 503), since the laboratory report attached to the petition did not indicate that it was signed by the person who conducted the test, the petition does not contain sufficient non-hearsay allegations to make out a prima facie case that the substance tested was cocaine, and accordingly must be dismissed. Concur—Carro, J. P., Rosenberger, Kupferman, Nardelli and Tom, JJ.

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Order of disposition, Family Court, New York County (Bruce Kaplan, J.), entered February 23, 1993, which adjudicated appellant a juvenile delinquent following a fact-finding determination that he had committed an act which, if committed by an adult, would constitute the crime of criminal sale of a controlled substance in the third degree, and conditionally discharged him for a period of 12 months, unanimously reversed, on the law, and the petition dismissed, without costs.

As the presentment agency concedes, on constraint of Matter of Rodney J., which was affirmed by the Court of Appeals after the instant appeal was perfected (194 AD2d 342, affd 83 NY2d 503), since the laboratory report attached to the petition did not indicate that it was signed by the person who conducted the test, the petition does not contain sufficient non-hearsay allegations to make out a prima facie case that the substance tested was cocaine, and accordingly must be dismissed. Concur—Carro, J. P., Rosenberger, Kupferman, Nardelli and Tom, JJ.

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Bluebook (online)

205 A.D.2d 361, 613 N.Y.S.2d 366, 1994 N.Y. App. Div. LEXIS 6222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-andy-b-nyappdiv-1994.

Opinion

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