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  5. 66 A.D.2d 819 (1978)
 

MATTER OF F.

66 A.D.2d 819 (1978)

In the Matter of Wade F. Appellant

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

December 18, 1978

Order affirmed, without costs or disbursements.

No opinion.

Martuscello, J. P., dissents and votes to reverse the order and dismiss the petition, with the following memorandum:

There was insufficient evidence to support the finding of the Family Court that appellant participated in an act, which if committed by an adult, would constitute the crime of robbery in the first degree. On the morning of October 13, 1976, the 12-year-old victim...

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