In re Phillip S.

Respondent is charged with being a juvenile delinquent in that he did acts which, if done by an adult, would constitute the crime of murder under section 125.25 of the Penal Law and the crime of possession of weapons and dangerous instruments and appliances under section 265.05 of the Penal Law. The petition alleges that the respondent on January 9, 1974 intentionally caused the death of a man by shooting him in the head while another juvenile, also presently before the court, held a knife against the victim’s, body. Section 125.25 of the Penal Law provides that murder is a class A felony.

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