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Matter of James J

Court of Appeals of the State of New York
Sep 19, 1990
76 N.Y.2d 883 (N.Y. 1990)

Opinion

Decided September 19, 1990

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Guy P. De Phillips, J.

Judith Waksberg and Lenore Gittis for appellant.

Victor A. Kovner, Corporation Counsel (Lawrence A. Salvato of counsel), for respondent.


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 case 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 N.Y.CRR 500.4), order affirmed in a memorandum.


Summaries of

Matter of James J

Court of Appeals of the State of New York
Sep 19, 1990
76 N.Y.2d 883 (N.Y. 1990)
Case details for

Matter of James J

Case Details

Full title:In the Matter of JAMES J., Appellant

Court:Court of Appeals of the State of New York

Date published: Sep 19, 1990

Citations

76 N.Y.2d 883 (N.Y. 1990)
561 N.Y.S.2d 414
562 N.E.2d 491

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