The respondent is charged with being a juvenile delinquent, with the underlying acts alleged being burglary, second degree (Penal Law § 140.25 [2]), and sexual abuse, third degree (Penal Law § 130.55 [a]).
The case has progressed to the point where the presentment agency (hereinafter County) has presented their case-in-chief. At its conclusion, the respondent moved to dismiss the petition on two grounds: (1) the failure...
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