In re Jonathan YY.

Decision Date17 December 2015
Parties In the Matter of JONATHAN YY., Alleged to be a Juvenile Delinquent. Jeffrey Aumell, as Madison County Attorney, Respondent; Jonathan YY., Appellant.
CourtNew York Supreme Court — Appellate Division

134 A.D.3d 1344
22 N.Y.S.3d 614

In the Matter of JONATHAN YY., Alleged to be a Juvenile Delinquent.

Jeffrey Aumell, as Madison County Attorney, Respondent;

Jonathan YY., Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Dec. 17, 2015.


22 N.Y.S.3d 615

Peter E. Smith, Wampsville, for appellant.

S. John Campanie, County Attorney, Wampsville (Jeffrey A. Aumell of counsel), for respondent.

Before: LAHTINEN, J.P., McCARTHY, LYNCH and DEVINE, JJ.

McCarthy, J.

134 A.D.3d 1345

Appeal from an order of the Family Court of Madison County (DiStefano, J.), entered October 21, 2014, which granted petitioner's application, in a proceeding pursuant to Family Ct. Act article 3, to adjudicate respondent a juvenile delinquent.

In July 2014, the manager of a Dollar Tree store reported a larceny after allegedly observing a juvenile, who had entered the store with approximately seven other juveniles, take a pair of sunglasses, conceal them and attempt to leave the store. Before the juvenile exited the store, the manager stopped him and retrieved the sunglasses, which were worth $1. As a result, petitioner filed a juvenile delinquency petition alleging that respondent (born in 1998) committed the aforementioned act and that, if that act was committed by an adult, it would constitute the crime of petit larceny (see Penal Law § 155.25 ). At respondent's initial appearance, he admitted to committing the subject act and Family Court adjudicated him to be a juvenile delinquent and placed him on probation for one year. Respondent now appeals, and we reverse.

A juvenile delinquency petition must contain "non-hearsay allegations ... establish[ing] ... every element of each crime charged and the respondent's commission thereof" (Family Ct. Act § 311.2[3] ) or else it is "both legally insufficient and jurisdictionally defective" (Matter of Detrece H., 78 N.Y.2d 107, 109, 571 N.Y.S.2d 899, 575 N.E.2d 385 [1991] ; accord Matter of Shane B., 4 A.D.3d 650, 651, 772 N.Y.S.2d 133 [2004] ). The review of such petitions must be stringent in order to ensure that there is a " ‘valid and documented basis' " for the prosecution (Matter of Angel A., 92 N.Y.2d 430, 433, 681 N.Y.S.2d 787, 704 N.E.2d 554 [1998], quoting

22 N.Y.S.3d 616

Matter of Neftali D., 85 N.Y.2d 631, 636, 628 N.Y.S.2d 1, 651 N.E.2d 869 [1995] ). The facial insufficiency of a petition is a nonwaivable defect that may be raised for the first time on appeal (see Matter of Neftali D., 85 N.Y.2d at 637, 628 N.Y.S.2d 1, 651 N.E.2d 869 ; Matter of Shane B., 4...

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  • Tioga Cnty. Attorney v. Alexander CC. (In re Alexander CC.)
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    ...testing provided probable cause for defendant's subsequent arrest (see People v. Fenger, 68 A.D.3d 1441, 1443, 892 N.Y.S.2d 591 [2009] ).22 N.Y.S.3d 614 Next, although defendant's general motion to dismiss at the close of the proof failed to preserve her challenge to the legal sufficiency o......
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  • In re Tashawn MM.
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    ... ... a jurisdictional defect that "is nonwaivable and ... is ... reviewable for the first time upon appeal" (Matter ... of Michael M., 3 N.Y.3d 441, 443 [2004]; see Matter ... of Alexander CC., 191 A.D.3d 1113, 1114 [3d Dept 2021]; ... Matter of Jonathan YY., 134 A.D.3d 1344, 1345 [3d ... Dept 2015]). Ordinarily, "[t]o be facially sufficient, a ... juvenile delinquency petition must contain non[ ]hearsay ... allegations establishing every element of each crime charged ... and the respondent's commission thereof" (Matter ... of Alexander CC., ... ...
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