As the presentment agency concedes, the petition is facially insufficient because, although the petition and supporting deposition alleged that appellant possessed two "dangerous knives," as is required by Penal Law § 265.05, there was no allegation of the circumstances under which appellant possessed or used these unmodified kitchen knives so as to establish that they could be considered dangerous within the meaning of the statute (see Matter of Jamie D.,
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MATTER OF NIAZIA F.
40 A.D.3d 292 (2007)
836 N.Y.S.2d 30
In the Matter of NIAZIA F., a Person Alleged to be a Juvenile Delinquent, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided May 8, 2007.
Decided May 8, 2007.
Appellate Division of the Supreme Court of the State of New York, First Department.
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