IN THE MATTER OF DANIEL D.


21 A.D.3d 488 (2005)

799 N.Y.S.2d 821

In the Matter of DANIEL D., a Person Alleged to be a Juvenile Delinquent, Respondent. PRESENTMENT AGENCY, Appellant.

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

August 15, 2005.


Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to Family Court, Orange County, for further proceedings consistent herewith.

In a prior petition dated October 26, 2004, filed under docket Number D-5532/04, the Presentment Agency alleged that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree, based upon...

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