Opinion
January 31, 1972
Appeal from an order of the Family Court, Queens County, dated April 1, 1971, which adjudged appellant to be a person in need of supervision and placed him on probation for one year. Order affirmed, without costs. No opinion. Latham, Acting P.J., Gulotta and Benjamin, JJ., concur; Shapiro and Brennan, JJ., dissent and vote to reverse the order and to dismiss the proceeding, on the authority of Matter of David W. ( 28 N.Y.2d 589, affg. 34 A.D.2d 1100).