In re Samuel E. L.

Callahan and Doerr, JJ.

(dissenting). We respectfully dissent. Without the admission given by respondent to the youth counselor, there is insufficient evidence to support the adjudication. Respondent, a 15-year-old youth, was charged with an act which, if committed by an adult, would constitute the crime of attempted robbery. At the time of this incident, respondent was in the custody of the New York State Division for Youth (DFY) pursuant to a Family Court person in need of supervision (PINS) adjudication. At the hearing the DFY counselor testified, over objection, that respondent admitted…