In re David W.

Although the facts set forth in the petition might have spelled .out the crime of assault—if committed by an adult — and, accordingly, might have supported a charge of juvenile delinquency against the 11-year-old respondent (Family Court Act, § 712, subd. [a]), the fact is that no .such charge is alleged. Indeed, the petition expressly charges the respondent with only a violation of harassment under section 240.25 of the Penal Law, and such a charge may not be the predicate for a juvenile delinquency proceeding.

Neither the petition nor the facts disclosed at the hearing sustain the finding of…