In re Michael M.

The petition in this delinquency proceeding charges the respondent juvenile with the commission of acts on November 22, 1976, which, if done by an adult would constitute the crime of criminal mischief in the third degree (Penal Law, § 145.05). The action was initiated by a civilian complaint filed with the probation department on January 27, 1977.

The respondent on March 17, 1977, served upon the probation department a subpoena duces tecum commanding the department to appear before Family Court to testify and give evidence and produce records as a witness. The probation department moved to…