Legal Opinion
In re Detrece H.
New York Court of Appeals
Decided June 4, 1991PublishedCited by 72 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
At issue on this appeal is whether a juvenile delinquency petition that is legally insufficient because it fails to contain nonhearsay factual allegations establishing every element of the crime charged can be amended with a supplemental supporting deposition to cure the defect. We conclude that such a deficiency in the juvenile delinquency petition cannot be rectified by subsequent amendment. There should, accordingly, be a reversal.
I
On January 30, 1989, the presentment agency filed a juvenile delinquency petition against respondent Detrece H. alleging…
2Cases cited4 opinions
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- In re Frank C.New York Court of Appeals · 1987
- In re Randy K.New York Court of Appeals · 1991
- In re David T.New York Court of Appeals · 1990
3Cited by72 opinions
- People v. CaseyNew York Court of Appeals · 2000
- In re Jahron S.New York Court of Appeals · 1992
- Matter of Rodney J.New York Court of Appeals · 1994
- Matter of Neftali D.New York Court of Appeals · 1995
- Matter of Michael M.New York Court of Appeals · 2004
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