In re Matthew P.

Order unanimously reversed on the law without costs and petition dismissed. Memorandum: A designated felony act petition was filed against respondent requesting that he be adjudicated a juvenile delinquent because he had committed an act which if committed by an adult would constitute the crime of sodomy in the first degree as defined by Penal Law § 130.50 (3). Respondent was subsequently determined to be an incapacitated person, and a hearing was held to determine whether there was probable cause to believe that respondent committed an act which would be a crime if committed by an adult…