In re Andre D.

Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Monroe County Family Court for further proceedings in accordance with the following Memorandum: Respondent was charged with conduct which, if he were an adult, would constitute the crime of assault in the second degree (see, Penal Law § 120.05 [1]). Neither the factual allegations of the petition, together with those in the supporting affidavits, nor the evidence at the hearing substantiated the elements of the crime of assault in the second degree. The allegations and evidence were…