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MATTER OF WESLEY M.

83 N.Y.2d 898 (1994)

636 N.E.2d 1386

613 N.Y.S.2d 853

In the Matter of Wesley M., a Person Alleged to be a Juvenile Delinquent, Respondent.

Court of Appeals of the State of New York.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Helen P. Brown and Larry A. Sonnenshein of counsel), for appellant.

Carol Goldstein, New York City, Elynn C. Lambert and Lenore Gittis for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

After a hearing held in response to respondent's motion to suppress physical evidence, Family Court, finding the arresting officer's testimony unreliable, granted the motion and dismissed the juvenile delinquency petition. The Appellate Division affirmed.

In order to establish a prima facie case against a juvenile, a petition...

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