MATTER OF P.


51 A.D.2d 537 (1976)

In the Matter of Leroy P. (Anonymous), Appellant

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

January 12, 1976


The balance of the order dismissed the petition and terminated the proceeding. Order reversed insofar as appealed from, on the law and the facts, without costs, motion granted and fact-finding determination vacated.

The record on this appeal reveals (and the Corporation Counsel concedes in his brief) that there was a failure to prove that appellant possessed an instrument in violation of subdivision 4 of section 265.05 of the Penal Law as charged in the petition;...

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