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MATTER OF D.

87 A.D.2d 548 (1982)

In the Matter of Jamie D., a Person Alleged to be a Juvenile Delinquent, Appellant

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

March 18, 1982

Reversed, on the law, without costs and without disbursements, and the petition is dismissed.

As the Corporation Counsel concedes, we are constrained in this case by the decision of the Court of Appeals in Matter of Ricci S. (34 N.Y.2d 775), and accordingly, the adjudication must be reversed and the petition dismissed.

Ross, J. (dissenting).

I concur with the dissenting opinion of Justice Lupiano...

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