Opinion
June 27, 1994
Appeal from the Family Court, Kings County (Lubow, J.).
Ordered that the order of disposition is reversed, on the law, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed, and the appellant's record is sealed pursuant to Family Court Act § 375.1.
It is well established that "[i]n order to establish a prima facie case against a juvenile, a petition must contain `"[n]onhearsay allegations * * * [that] establish, if true, every element of the offense charged and the accused's commission of the offense"' (Matter of Jahron S., 79 N.Y.2d 632, 637; see, Family Ct Act § 311.2)" (Matter of Wesley M., 83 N.Y.2d 898, 899). Since the police laboratory reports annexed to the petition "`purport * * * only to be a [certified] cop[ies] of the original report[s], and give * * * no indication that [they were] signed by the person who tested the [drugs] and prepared th[e] original report[s]' * * * the petition must be dismissed as jurisdictionally defective on its face due to the absence of nonhearsay allegations establishing every element of the offenses charged" (Matter of Wesley M., 83 N.Y.2d 898, 899, supra, quoting Matter of Rodney J., 83 N.Y.2d 503). Sullivan, J.P., Balletta, Altman and Friedmann, JJ., concur.