Order unanimously reversed on the law without costs and petition dismissed.
Memorandum:
A designated felony act petition was filed against respondent requesting that he be adjudicated a juvenile delinquent because he had committed an act which if committed by an adult would constitute the crime of sodomy in the first degree as defined by Penal Law § 130.50 (3). Respondent was subsequently determined to be an incapacitated person, and a hearing was held...
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