Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Respondent was charged with conduct which, if he were an adult, would constitute the crime of assault in the second degree (see, Penal Law § 120.05 [1]). Neither the factual allegations of the petition, together with those in the supporting affidavits, nor the evidence...
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