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.