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  5. 88 N.Y.2d 863 (1996)
 

MATTER OF R.

88 N.Y.2d 863 (1996)

666 N.E.2d 1362

644 N.Y.S.2d 489

In the Matter of Jose R., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1996.

Attorney(s) appearing for the Case

Kenneth Rabb, New York City, and Jane M. Spinak for appellant.

Paul A. Crotty, Corporation Counsel of New York City (Elizabeth S. Natrella and Pamela Seider Dolgow of counsel), 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.

On July 18, 1993, appellant was arrested by Officer Gogarty and his partner, Officer Fallon, after Officer Fallon recovered a gun from the waistband of appellant's pants. Respondent presentment agency filed a petition in Family Court charging appellant, then 13 years old, with the commission of acts which would have constituted the...

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