MATTER OF A.


227 A.D.2d 192 (1996)

642 N.Y.S.2d 30

In the Matter of Destini A., a Person Alleged to be a Juvenile Delinquent, Appellant

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

May 9, 1996


The Family Court erred in finding appellant had committed acts constituting third-degree criminal possession of a weapon where the evidence adduced at the fact-finding hearing clearly demonstrated that the ammunition contained in the gun was never tested to determine whether it was live. Thus, the presentment agency failed to prove this requisite element (see, People v Cavines, 70 N.Y.2d 882

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