Civil Procedure · MBE-tested

In the Matter of Ronald Maurice J., a Person Alleged to be a Juvenile Delinquent

112 A.D.2d 747·New York Supreme Court, Appellate Division·1985·NY

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Opinion

In the Matter of Ronald Maurice J., a Person Alleged to be a Juvenile Delinquent. [MAJORITY] Order unanimously reversed, on the law, and petition dismissed, without costs. Memorandum: Upon its finding that respondent committed an act that if committed by an adult would constitute the crime of criminal mischief in the fourth degree (Penal Law § 145.00 [1]), Family Court adjudicated respondent to be a juvenile delinquent (see, Family Ct Act § 301.2 [1]). We reverse. The proof was insufficient as a matter of law to demonstrate beyond a reasonable doubt that respondent intentionally damaged the property of another person (see, Family Ct Act § 342.2 [2]). (Appeal from order of Erie County Family Court, Honan, J. — juvenile delinquent.) Present — Dillon, P. J., Callahan, Doerr, Boomer and Schnepp, JJ.