Summary
In Matter of Daniel McC. (250 AD2d at 615), the Appellate Division, Second Department, similarly held, among other things, that a "designated felony act petition" was not jurisdictionally defective since the "petition alleged the requisite corroboration of the appellant's inculpatory statement..."
Summary of this case from People v. SuberOpinion
May 4, 1998
Appeal from the Family Court, Suffolk County (Freundlich, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the designated felony act petition was not jurisdictionally defective. The appellant's sworn written statement indicated that, on the evening of the homicide, he and others intended to forcibly take money from the decedent with the use of a loaded and operable handgun. This sworn written statement served as an acknowledgment of the appellant's guilt and thus qualified as a supporting deposition under Family Court Act § 311.2 Fam. Ct. Act (see, Matter of Rodney J., 108 A.D.2d 307). In addition, the petition alleged the requisite corroboration of the appellant's inculpatory statement via the sworn statements of the eyewitnesses to the homicide (see, Matter of Rodney J., supra; see also, People v. Chico, 90 N.Y.2d 585; People v. Vargas, 181 A.D.2d 806).
Bracken, J.P., O'Brien, Santucci and Joy, JJ., concur.