In re Thomas M.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the petition charging appellant with juvenile delinquency should be dismissed.

*829Unlike the defendant in People v Wachowicz (22 NY2d 369), upon which the Appellate Division majority relied, appellant was in possession of no burglar’s tools. The only evidence to connect appellant circumstantially to the attempted break-in is his flight and the fact, which the Family Court Judge impliedly found, that appellant lied about his whereabouts at the time of the attempted break-in. As to the first, however, the…