MATTER OF JOEL J.


33 A.D.3d 344 (2006)

823 N.Y.S.2d 7

In the Matter of JOEL J., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided October 5, 2006.


Appellant, age 13, was charged in Family Court with an act which, if committed by an adult, would constitute the crime of criminal possession of marijuana in the fifth degree. As the supporting deposition indicated, a police officer observed appellant and an adult, who turned out to be his 16-year-old sister, in the possession of marijuana in a public place. The officer saw the adult "smoking a marijuana cigar and pass the same to" appellant. He then observed appellant "place...

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