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Matter of Andre

Appellate Division of the Supreme Court of New York, First Department
May 4, 1995
215 A.D.2d 159 (N.Y. App. Div. 1995)

Opinion

May 4, 1995

Appeal from the Family Court, New York County (Bruce M. Kaplan, J.).


Count one of the petition alleged that petitioner was guilty of acts constituting criminal possession of a weapon in the third degree since he committed acts constituting the crime of criminal possession of a weapon in the fourth degree "as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime" (Penal Law § 265.02).

Although petitioner submitted three prior fact-finding determinations of the Family Court in support of count one, no supporting deposition or document was attached to the petition alleging that respondent had previously been convicted of a crime. Accordingly, the finding of the Family Court as to this count was fatally deficient, since a prior adjudication of juvenile delinquency does not meet the statutory requirements of a criminal conviction (see, Matter of John N., 168 A.D.2d 386, 388; see also, Matter of Natasha C., 80 N.Y.2d 678, 682). Therefore, we modify the order of the Family Court to reverse the finding as to this count and dismiss it, while affirming the remainder of the order.

Concur — Ellerin, J.P., Rubin, Asch, Nardelli and Mazzarelli, JJ.


Summaries of

Matter of Andre

Appellate Division of the Supreme Court of New York, First Department
May 4, 1995
215 A.D.2d 159 (N.Y. App. Div. 1995)
Case details for

Matter of Andre

Case Details

Full title:In the Matter of ANDRE B., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 4, 1995

Citations

215 A.D.2d 159 (N.Y. App. Div. 1995)
626 N.Y.S.2d 114

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