In re Timothy L.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed and the certified question answered in the affirmative.

Respondent, Timothy L., an alleged juvenile delinquent, was charged with acts (theft of an umbrella from a street vendor) which, if committed by an adult would constitute the crimes of petit larceny (Penal Law § 155.25) and criminal possession of stolen property in the fifth degree (Penal Law § 165.40).

At the commencement of the fact-finding hearing, the court directed the parties to make opening statements. The Assistant Corporation Counsel stated that…