In re Henry J.

Appellate Division of the Supreme Court of New York

In re Henry J.

222 A.D.2d 339, 636 N.Y.S.2d 16, 1995 N.Y. App. Div. LEXIS 13326

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

DecidedDecember 21, 1995

StatusPublished

This text of 222 A.D.2d 339 (In re Henry J.) 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 Henry J., 222 A.D.2d 339, 636 N.Y.S.2d 16, 1995 N.Y. App. Div. LEXIS 13326 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Order of disposi[340]*340tion, Family Court, New York County (Mary Bednar, J.), entered June 10, 1992, which adjudicated respondent a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the fifth degree, and placed him on probation for a period of 18 months, unanimously reversed, on the law, and the petition dismissed, without costs.

As the presentment agency concedes, the petition must be dismissed as jurisdictionally defective since a prima facie case based on nonhearsay allegations was not made out in the absence of a laboratory report attesting that the substance possessed by respondent was cocaine (Matter of Jahron S., 79 NY2d 632). The fact the laboratory report was furnished to the court during a later court appearance did not remedy the defect (see, Matter of Detrece H., 78 NY2d 107). Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order of disposi[340]*340tion, Family Court, New York County (Mary Bednar, J.), entered June 10, 1992, which adjudicated respondent a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the fifth degree, and placed him on probation for a period of 18 months, unanimously reversed, on the law, and the petition dismissed, without costs.

As the presentment agency concedes, the petition must be dismissed as jurisdictionally defective since a prima facie case based on nonhearsay allegations was not made out in the absence of a laboratory report attesting that the substance possessed by respondent was cocaine (Matter of Jahron S., 79 NY2d 632). The fact the laboratory report was furnished to the court during a later court appearance did not remedy the defect (see, Matter of Detrece H., 78 NY2d 107). Concur — Wallach, J. P., Kupferman, Ross, Williams and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

222 A.D.2d 339, 636 N.Y.S.2d 16, 1995 N.Y. App. Div. LEXIS 13326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-henry-j-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack