In re Jason R.

*921OPINION OF THE COURT

Philip C. Segal, J.

In this juvenile delinquency proceeding, respondent moves, inter alia, to preclude the offer of his prior inculpatory statement at the fact-finding hearing. For the following reasons, the motion is granted.

The present petition supersedes a prior petition which alleged the commission of the same criminal acts but was dismissed for facial insufficiency (see, e.g., Matter of Tommy C., 182 AD2d 312 [2d Dept 1992]). The presentment agency does not dispute that, contrary to statutory requirements, notice of intent to offer respondent’s statement was not served…