From Casetext: Smarter Legal Research

Matter of Henry

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1995
222 A.D.2d 339 (N.Y. App. Div. 1995)

Opinion

December 21, 1995

Appeal from the Family Court, New York County (Mary Bednar, J.).


As the presentment agency concedes, the petition must be dismissed as jurisdictionally defective since a prima facie case based on nonhearsay allegations was not made out in the absence of a laboratory report attesting that the substance possessed by respondent was cocaine ( Matter of Jahron S., 79 N.Y.2d 632). The fact the laboratory report was furnished to the court during a later court appearance did not remedy the defect ( see, Matter of Detrece H., 78 N.Y.2d 107).

Concur — Wallach, J.P., Kupferman, Ross, Williams and Tom, JJ.


Summaries of

Matter of Henry

Appellate Division of the Supreme Court of New York, First Department
Dec 21, 1995
222 A.D.2d 339 (N.Y. App. Div. 1995)
Case details for

Matter of Henry

Case Details

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

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

Date published: Dec 21, 1995

Citations

222 A.D.2d 339 (N.Y. App. Div. 1995)
636 N.Y.S.2d 16