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MATTER OF H.

78 A.D.2d 875 (1980)

In the Matter of Sylvia H., Appellant

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

November 10, 1980

Order reversed, on the law, without costs or disbursements, and petition dismissed.

A person in need of supervision who runs away from a Title II nonsecure facility in which she has been placed cannot, solely by virtue of that act, be adjudicated a juvenile delinquent in that she committed an act, which if done by an adult, would constitute the crime of escape in the second degree (see Matter of Freeman, 103 Misc.2d 649

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