MATTER OF M.


206 A.D.2d 310 (1994)

614 N.Y.S.2d 530

In the Matter of Levar M., a Person Alleged to be a Juvenile Delinquent, Appellant

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

July 21, 1994


The ballistics report does not indicate that the tests were performed by the same person who signed it. Thus, those portions of the petition charging appellant with criminal possession of a weapon must be dismissed (Family Ct Act § 315.1 [1] [a]; [2]; Matter of Rodney J., 83 N.Y.2d 503). In addition, as respondent concedes, the ballistics report failed to establish that the ammunition...

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