Opinion
February 14, 1995
Appeal from the Family Court, Kings County (Palmer, J.).
Ordered that the order of disposition 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, Kings County, for the purpose of entering an order pursuant to Family Court Act § 375.1.
As the presenting agency correctly concedes, the petition, along with the supporting deposition, fails to allege sufficient nonhearsay facts which, if true, would establish every element of the crime of criminal possession of a weapon in the third degree and the appellant's commission thereof (see, Penal Law § 265.02; Family Ct Act § 311.2; Matter of Rodney J., 83 N.Y.2d 503). Accordingly, the petition is jurisdictionally defective and must be dismissed (see, Family Ct Act § 311.2; Matter of Rodney J., supra; Matter of Jahron S., 79 N.Y.2d 632). Sullivan, J.P., Rosenblatt, Joy and Altman, JJ., concur.