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MATTER OF JOSE C.

148 Misc.2d 113 (1990)

In the Matter of Jose C., a Person Alleged to be a Juvenile Delinquent, Respondent.

Family Court, Westchester County.

August 10, 1990

Attorney(s) appearing for the Case

Marilyn J. Slaaten, County Attorney (Henry Pearlman of counsel), for presentment agency. Herbert J. Malach, Law Guardian.

JOAN B. LEFKOWITZ, J.

This is a juvenile delinquency proceeding in which petitioner alleged in his petition that respondent committed a "designated felony act" pursuant to Family Court Act § 301.2 (8) (vi), on the ground that respondent committed a prior felony pursuant to two previously entered fact-finding orders. Respondent's Law Guardian moved to dismiss the portion of the petition alleging the designated felony on the ground that

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