MATTER OF M.


34 A.D.2d 761 (1970)

In the Matter of Arthur M., A Person Alleged to be a Juvenile Delinquent, Appellant

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

May 12, 1970


The order of adjudication was based upon a finding that appellant had committed acts which if done by an adult would have constituted the crimes of burglary and arson. Since the sole evidence connecting appellant with the acts of arson and burglary consisted of testimony by an accomplice to those acts, the delinquency adjudication, as the Corporation Counsel forthrightly concedes, may not be sustained. To deny to appellant the safeguard of section 399 of the Code of Criminal...

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