In re Charles R.

Appellate Division of the Supreme Court of New York

In re Charles R.

207 A.D.2d 677, 616 N.Y.S.2d 372, 1994 N.Y. App. Div. LEXIS 8719

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

DecidedSeptember 8, 1994

StatusPublished

This text of 207 A.D.2d 677 (In re Charles R.) 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 Charles R., 207 A.D.2d 677, 616 N.Y.S.2d 372, 1994 N.Y. App. Div. LEXIS 8719 (N.Y. Ct. App. 1994).

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Opinion

—Final order of disposition, Family Court, New York County (Sheldon Rand, J.), entered March 11, 1993, which adjudicated appellant a juvenile delinquent and placed him under supervision of the Department of Probation for 12 months upon a fact-finding determination of the same court dated January 21, 1993, finding that appellant had committed an act which, if committed by an adult, would constitute the offense of criminal possession of a controlled substance in the seventh degree, unanimously reversed, on the law, without costs, the order vacated, and the petition dismissed. The matter is remitted to the Family Court for the purpose of entering an order in favor of the accused pursuant to Family Court Act § 375.1, not less than 30 days after service of this order upon the respondent, with leave during this 30 day period to respondent to move [678]*678and seek any further stay of the implementation of Family Court Act § 375.1 as in the interest of justice is required.

The petition in this case was jurisdictionally defective in that it did not contain non-hearsay allegations establishing that the substance seized at the time of appellant’s arrest was a controlled substance (see, Matter of James A., 198 AD2d 5; see also, Matter of Rodney J., 83 NY2d 503; Matter of Jahron S., 79 NY2d 632, 639). It must, therefore, be dismissed. Concur —Murphy, P. J., Ellerin, Kupferman, Ross and Tom, JJ.

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—Final order of disposition, Family Court, New York County (Sheldon Rand, J.), entered March 11, 1993, which adjudicated appellant a juvenile delinquent and placed him under supervision of the Department of Probation for 12 months upon a fact-finding determination of the same court dated January 21, 1993, finding that appellant had committed an act which, if committed by an adult, would constitute the offense of criminal possession of a controlled substance in the seventh degree, unanimously reversed, on the law, without costs, the order vacated, and the petition dismissed. The matter is remitted to the Family Court for the purpose of entering an order in favor of the accused pursuant to Family Court Act § 375.1, not less than 30 days after service of this order upon the respondent, with leave during this 30 day period to respondent to move [678]*678and seek any further stay of the implementation of Family Court Act § 375.1 as in the interest of justice is required.

The petition in this case was jurisdictionally defective in that it did not contain non-hearsay allegations establishing that the substance seized at the time of appellant’s arrest was a controlled substance (see, Matter of James A., 198 AD2d 5; see also, Matter of Rodney J., 83 NY2d 503; Matter of Jahron S., 79 NY2d 632, 639). It must, therefore, be dismissed. Concur —Murphy, P. J., Ellerin, Kupferman, Ross and Tom, JJ.

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Bluebook (online)

207 A.D.2d 677, 616 N.Y.S.2d 372, 1994 N.Y. App. Div. LEXIS 8719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-charles-r-nyappdiv-1994.

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