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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