In re Nelson R.

A juvenile delinquency petition against the 15-year-old respondent alleged his possession of a .22-caliber revolver in violation of section 265.05 of the Penal Law, and the evidence proved beyond a reasonable doubt that he possessed a gun. The issue of law is whether the report of the Police Department’s laboratory as to the gun’s operability, certified on the official laboratory form in accordance with regular procedure, is admissible without the testimony of the certifying police officer.

In Matter of Kevin G. (80 Misc 2d 517), this court held, upon a review of appellate decisions in this…