MATTER OF R.


35 A.D.2d 972 (1970)

In the Matter of Jose R. (Anonymous), A Person Alleged to Be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 21, 1970


Order reversed, on the law and on the facts; the charge that appellant committed acts which, if committed by an adult, would constitute burglary in the third degree (Penal Law, § 140.20) is dismissed; and a new adjudicatory hearing is directed with respect to the charge that appellant committed acts which, if committed by an adult, would constitute criminal possession of stolen property in the third degree (Penal Law, § 165.40).

In our opinion, the initial...

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