Legal Opinion
In re Javen C.
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2008PublishedCited by 3 opinions
1Opinion of the Court
*538Contrary to the appellant’s contention, the petition was not facially deficient. The petition contained evidentiary allegations as to each element of the underlying offense (see Penal Law § 221.10), including a sworn police report and a sworn laboratory report bearing the applicable police incident number, stating that the evidence was received by the lab from the arresting officer and subsequently found to be marijuana (see Family Ct Act § 311.1 [4]; § 311.2; Matter of Jonathan T., 247 AD2d 482 [1998]; see also CPLR 3020 [a]).
The Family Court did not err in denying that branch of the…
2Cases cited11 opinions
- People v. RosarioNew York Court of Appeals · 1961
- Matter of H.New York Court of Appeals · 1987
- People v. BurrNew York Court of Appeals · 1987
- In re Charles S.Appellate Division of the Supreme Court of the State of New York · 2007
- People v. MenendezAppellate Division of the Supreme Court of the State of New York · 2008
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3Cited by3 opinions
- In re Shakeim C.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Shakeim C.Appellate Division of the Supreme Court of the State of New York · 2012
- In re Shamarri W.Appellate Division of the Supreme Court of the State of New York · 2009