Opinion
March 20, 1995
Appeal from the Family Court, Nassau County (Feiden, J.).
Ordered that the dispositional order is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the matter is remitted to the Family Court, Nassau County, for the purpose of entering an order pursuant to Family Court Act § 375.1.
On or about July 21, 1993, the presentment agency filed a petition charging the appellant with acts which, if committed by an adult, would have constituted the crimes of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree. The unsworn supporting deposition of Police Officer William J. Barry was the only paper attached to the petition. In it, Officer Barry stated that a confidential informant had purchased crack cocaine from two of the appellant's accomplices with prerecorded money. The accomplices gave the prerecorded money to the appellant, who was subsequently arrested with it in his possession. Officer Barry did not observe the transaction.
A juvenile delinquency petition is factually sufficient when "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). A petition which does not substantially conform to the requirements of section 311.2 is both legally insufficient and jurisdictionally defective and subject to dismissal (Family Ct Act § 315.1 [a]; [2]; Matter of Rodney J., 83 N.Y.2d 503, 507).
Here, the supporting deposition is entirely hearsay and, as such, inadmissible in court (see, Matter of Russell M., 146 A.D.2d 629, 630; Matter of Dallas L., 183 A.D.2d 897, 898). Moreover, there are no other supporting documents attached to the petition. Therefore, the petition does not contain nonhearsay allegations that establish every element of the crimes charged. Accordingly, the petition must be dismissed (see, Family Ct Act § 315.1).
In light of our determination, it is unnecessary to reach the appellant's remaining contentions. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.