In re James J.
This text of 562 N.E.2d 491 (In re James J.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[884]*884OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The police officer’s supporting deposition stated: "Deponent observed the [appellant] in possession of a controlled substance, to wit: fifty-two (52) vials of cocaine in crack form. I further observed [appellant] in possession of $70.00 USC.” A laboratory report affixed to the delinquency petition confirmed that the substance in appellant’s possession was in fact cocaine. Assuming, without deciding, that appellant is correct in contending that a juvenile delinquency petition must allege facts of an evidentiary nature, the petition in this casé clearly meets the test.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
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Cite This Page — Counsel Stack
562 N.E.2d 491, 76 N.Y.2d 883, 561 N.Y.S.2d 414, 1990 N.Y. LEXIS 3153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-james-j-ny-1990.