Opinion
December 16, 1997
Appeal from the Family Court, Bronx County (Susan Larabee, J.).
When appellant's proceeding was removed to Family Court, the petition was expressly marked "Designated Felony" as required by Family Court Act § 311.1 (7). However, since the copy furnished to appellant did not bear the required marking due to an error in copying, it was jurisdictionally defective for failing to lawfully notify him of the charges outstanding after removal, precluding the Family Court from finding that he committed the designated felony acts of robbery in the first degree and robbery in the second degrees (Penal Law § 160.10 [a]; see, Matter of David M., 229 A.D.2d 345; Matter of Warren W., 216 A.D.2d 225). In view of the jurisdictional nature of the defect, we find the People's arguments addressed to actual notice and waiver to be without merit.
Since the documents furnished with the petition only indicated that appellant had previously committed acts, which if committed by an adult, would constitute the crimes of criminal possession of a controlled substance in the fifth and seventh degrees, the counts of assault in the second degree and robbery in the second degree (Penal Law § 160.10) were improperly included as designated felony acts ( see, Family Ct Act § 301.2 [v], [vi]).
Concur — Milonas, J.P., Rosenberger, Rubin, Williams and Colabella, JJ.