MATTER OF DAVID W.


28 N.Y.2d 589 (1971)

In the Matter of David W., a Person Alleged to be in Need of Supervision, Respondent. Zolla D., Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1971.


Attorney(s) appearing for the Case

Robert E. Casey, Jr., County Attorney (Robert L. O'Connell of counsel), for appellant.

Cross S. Frederick for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BURKE taking no part.


Per Curiam.

Although the facts set forth in the petition might have spelled out the crime of assault — if committed by an adult — and, accordingly, might have supported a charge of juvenile delinquency against the 11-year-old respondent (Family Court Act, § 712, subd. [a]), the fact is that no such charge is alleged. Indeed, the petition expressly charges the respondent with only a violation of harassment...

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