In re Kadeem W.

Because the evidence, viewed in the light most favorable to the presentment agency, could not establish, beyond a reasonable doubt, respondent’s commission of the offenses charged, I dissent. I would affirm the Appellate Division order that reversed Family Court’s November 2003 order of disposition, vacated Family Court’s October 2003 fact-finding order, and dismissed the petition.

By petition filed with Family Court, the Corporation Counsel of the City of New York, the presentment agency, alleged that respondent, who was 13 at the time, committed acts which, if committed by an adult, would…