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MATTER OF M.

208 A.D.2d 421 (1994)

618 N.Y.S.2d 1013

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

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

October 18, 1994

As the presentment agency concedes on constraint of Matter of Rodney J. (83 N.Y.2d 503) and Matter of Wesley M. (83 N.Y.2d 898), the petition is jurisdictionally defective. In order to establish a prima facie case against a juvenile, a petition must contain nonhearsay allegations that establish, if true, every element of the offense charged and the accused's commission of the offense (

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