Legal Opinion

In re Jonathan M.

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 2009No. Appeal No. 1Published

1Opinion of the Court

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: These consolidated appeals arise from four juvenile delinquency petitions pursuant to Family Court Act article 3 alleging, inter alia, that respondents committed acts that, if committed by adults, would constitute the crime of assault in the third degree (Penal Law § 120.00 [1], [2]). Two respondents moved to dismiss the respective petitions against them, and the two remaining respondents joined in those motions. Family Court denied those parts of the motions with respect to the charge of…

2Cases cited8 opinions

  1. Martin v. City of CohoesNew York Court of Appeals · 1975
  2. Matter of Rodney J.New York Court of Appeals · 1994
  3. Matter of Neftali D.New York Court of Appeals · 1995
  4. Latture v. SmithAppellate Division of the Supreme Court of the State of New York · 2003
  5. Matter of Wesley M.New York Court of Appeals · 1994

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