Opinion
May 27, 1986
Appeal from the Family Court, Kings County (Esquirol, J.).
Order of disposition reversed, in the interest of justice, without costs or disbursements, fact-finding order vacated, and petition dismissed.
On appeal, the respondent concedes that the finding here, that the appellant had not committed an act constituting criminal trespass in the third degree (see, Penal Law § 140.10), but had committed an act constituting criminal trespass in the second degree (see, Penal Law § 140.15) was inconsistent, and should not be used to support a determination of juvenile delinquency. We agree that the finding should not be permitted to stand, despite the fact that the error of law was not preserved for appellate review (see, People v Jamerson, 99 A.D.2d 816; cf. People v Satloff, 56 N.Y.2d 745, 746).
We have considered the appellant's other contention and find it to be without merit. Gibbons, J.P., Eiber, Kunzeman and Kooper, JJ., concur.