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76 N.Y.2d 883

In re James J.

New York Court of Appeals

Decided September 19, 1990

New York Court of Appeals · decided 1990-09-19

Decided 1990-09-19

¶1*884OPINION OF THE COURT

¶2Memorandum.

¶3The order of the Appellate Division should be affirmed.

¶4The police officer’s supporting deposition stated: "Deponent observed the [appellant] in possession of a controlled substance, to wit: fifty-two (52) vials of cocaine in crack form. I further observed [appellant] in possession of $70.00 USC.” A laboratory report affixed to the delinquency petition confirmed that the substance in appellant’s possession was in fact cocaine. Assuming, without deciding, that appellant is correct in contending that a juvenile delinquency petition must allege facts of an evidentiary nature, the petition in this casé clearly meets the test.

¶5Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.

¶6On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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