MATTER OF E.


255 A.D.2d 674 (1998)

679 N.Y.S.2d 209

In the Matter of Shane E., a Person Alleged to be a Juvenile Delinquent, Appellant. Bruce D. Wilson, as Assistant Tompkins County Attorney, Respondent

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

November 5, 1998


Mercure, J.

Respondent was charged in a juvenile delinquency petition with acts which, if committed by an adult, would constitute the crime of assault in the third degree. Respondent moved to dismiss the petition as jurisdictionally defective, claiming that it failed to satisfy the statutory requirement that "non-hearsay allegations of the factual part of the petition or of any supporting depositions establish, if true, every element of each crime charged...

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