MATTER OF W.


34 A.D.2d 1100 (1970)

In the Matter of David W., Appellant

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

June 30, 1970


Order unanimously reversed on the law and facts and petition dismissed.

Memorandum:

This 11-year-old boy appeals from an order adjudicating him to be "a person in need of supervision" within the meaning of subdivision (b) of section 712 of the Family Court Act. The petition charged the boy with "wilfully and wrongly" grabbing a girl, carrying her into the school garage, blocking the doorway, and placing her in fear for her safety. This single incident if committed...

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