Legal Opinion

Matter of Wesley M.

New York Court of Appeals

Decided May 12, 1994PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

After a hearing held in response to respondent’s motion to suppress physical evidence, Family Court, finding the arresting officer’s testimony unreliable, granted the motion and dismissed the juvenile delinquency petition. The Appellate Division affirmed.

In order to establish a prima facie case against a juvenile, a petition must contain " '[n]on-hearsay allegations * * * [that] establish, if true, every element of the offense charged and the [accused’s] commission of the offense’ ” (Matter of…

2Cases cited2 opinions

  1. In re Jahron S.New York Court of Appeals · 1992
  2. Matter of Rodney J.New York Court of Appeals · 1994

3Cited by33 opinions

  1. In re Deshone C.Appellate Division of the Supreme Court of the State of New York · 1994
  2. People v. LopezAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1997
  4. In re Michael C.Appellate Division of the Supreme Court of the State of New York · 1997
  5. In re Eric R.Appellate Division of the Supreme Court of the State of New York · 1995

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