Opinion
April 3, 1969
Appeal from the Onondaga Family Court.
Present — Goldman, P.J., Marsh, Witmer, Moule and Henry, JJ.
Order unanimously reversed and petition dismissed. Memorandum: With commendable fairness the County Attorney has conceded that People v. Duke, People v. Acker, and People v. Vargas, reported together at 23 N.Y.2d 780, are here controlling. In the light of these decisions, the record does not establish that the infant was a wayward minor.