Summary
In Matter of Robert S. (240 A.D.2d 314, 316 [1st Dept 1997]) the Court held that while "[t]he attachment of certified copies of prior delinquency findings is the preferred method * * * [it is] not the exclusive method providing sufficient proof of the prior felony acts.
Summary of this case from Matter of Daniel A.Opinion
June 24, 1997
Appeal from Family Court, New York County (Judith Sheindlin, J.).
The designated felony act petition was not rendered defective by the presentment agency's failure to attach certified copies of the prior delinquency findings. The attachment of certified copies of prior delinquency findings is the preferred method ( see, Family Ct Act § 311.1), but not the exclusive method providing sufficient proof of the prior felony acts. It was sufficient under the circumstances to list the prior felony determinations in great detail, including their docket numbers, in the body of a verified petition that was clearly labeled a designated felony act petition ( cf., Matter of Warren W., 216 A.D.2d 225).
The court's findings were based on legally sufficient evidence, and were not against the weight of the evidence. The testimony adduced at the fact-finding hearing was sufficient to establish every element of the crimes charged, including intent to use the weapon unlawfully, and intent to deface the weapon ( see, Penal Law § 265.15, [5]).
Appellant's remaining contentions are without merit.
Concur — Ellerin, J.P., Wallach, Nardelli, Rubin and Mazzarelli, JJ.