MATTER OF DEVON V.

4754.

83 A.D.3d 469 (2011)

921 N.Y.S.2d 47

In the Matter of DEVON V., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided April 12, 2011.


The petition, together with the supporting deposition, did not contain nonhearsay allegations to support the age element of unlawful possession of weapons by persons under 16 (Penal Law § 265.05). This failure to satisfy the statutory requirements (see Family Ct Act § 311.2 [3]; Matter of Jahron S., 79 N.Y.2d 632, 636 [1992]) was a nonwaivable jurisdictional defect (

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