In re Paublo C.

Order, Family-Court, New York County (Rhoda Cohen, J.), entered on or about November 21, 1996, dismissing the juvenile delinquency petition, unanimously reversed, on the law and the facts, without costs, the motion denied, the petition reinstated and the matter remanded to Family Court for further proceedings.

The petition alleged that the 13 year old respondent committed acts, consisting of choking the complainant with a tree branch and punching her in the face, which if committed by an adult would constitute the crimes of attempted assault in the second degree, assault in the third degree…