Opinion
July 12, 1985
Appeal from the Erie County Family Court, Honan, J.
Present — Dillon, P.J., Callahan, Doerr, Boomer and Schnepp, JJ.
Order unanimously reversed, on the law, and petition dismissed, without costs. Memorandum: Upon its finding that respondent committed an act that if committed by an adult would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00), Family Court adjudicated respondent to be a juvenile delinquent ( see, Family Ct Act § 301.2). We reverse. The proof was insufficient as a matter of law to demonstrate beyond a reasonable doubt that respondent intentionally damaged the property of another person ( see, Family Ct Act § 342.2).