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MATTER OF MARKIM Q.

7 N.Y.3d 405 (2006)

855 N.E.2d 1160

822 N.Y.S.2d 746

In the Matter of MARKIM Q., a Person Alleged to be a Juvenile Delinquent, Respondent.

Court of Appeals of New York.

Decided September 21, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Deborah A. Brenner, Leonard Koerner, Edward F.X. Hart and Drake A. Colley of counsel), for appellant.

Legal Aid Society, Juvenile Rights Division, New York City (Gary Solomon and Tamara A. Steckler of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

R.S. SMITH, J.

We have held that a petition originating a juvenile delinquency proceeding contains a nonwaivable jurisdictional defect when the crime charged and the alleged delinquent's commission of it are not supported by sworn, nonhearsay allegations (Matter of Michael M., 3 N.Y.3d 441 [2004]; see Matter of Neftali D.,

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