Opinion
December 27, 1993
Appeal from the Family Court, Orange County (Bivona, J.).
Ordered 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.
Since the non-hearsay factual allegations of the original juvenile delinquency petition, which was unaccompanied by any supporting depositions, failed to establish every element of each crime charged, the petition was insufficient and should have been dismissed (see, Family Ct Act § 311.2; Matter of David T., 75 N.Y.2d 927). The Family Court erred in granting the petitioner's cross-motion to amend the petition to cure this defect and to charge an additional crime (see, Family Ct Act § 311.5; Matter of Detrece H., 78 N.Y.2d 107). Bracken, J.P., Balletta, O'Brien and Pizzuto, JJ., concur.