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Matter of Francisco

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 716 (N.Y. App. Div. 1994)

Opinion

September 20, 1994

Appeal from the Family Court, Bronx County (Richard Ross, J.).


As the presentment agency concedes on constraint of Matter of Rodney J. ( 83 N.Y.2d 503) and Matter of Wesley M. ( 83 N.Y.2d 898), because the laboratory reports annexed to the petition do not state that they were signed by the person who analyzed the substance seized from appellant, the petition lacks non-hearsay allegations establishing the identity of such substance, and must therefore be dismissed as insufficient on its face (see also, Matter of Manuel F., 206 A.D.2d 337).

Concur — Sullivan, J.P., Carro, Nardelli, Williams and Tom, JJ.


Summaries of

Matter of Francisco

Appellate Division of the Supreme Court of New York, First Department
Sep 20, 1994
207 A.D.2d 716 (N.Y. App. Div. 1994)
Case details for

Matter of Francisco

Case Details

Full title:In the Matter of FRANCISCO S., a Person Alleged to be a Juvenile…

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

Date published: Sep 20, 1994

Citations

207 A.D.2d 716 (N.Y. App. Div. 1994)
616 N.Y.S.2d 950