In re Noel V.

OPINION OF THE COURT

Elrich A. Eastman, J.

The presentment agency seeks to amend the petition pursuant to Family Court Act § 311.5 by adding count 4 which would read criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) committed as follows: "The respondent in the County of the Bronx, on or about 11/23/88, possessed a loaded firearm, to wit, a pistol, said possession not being in the Respondent’s home or place of business.”

Family Court Act § 311.5 (1) permits the court to: "order the amendment of a petition with respect to defects, errors, or *553variances from the proof…