Matter of Collie W.

 

Matter of Collie W.

2003 NYSlipOp 17536

Decided on October 16, 2003

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

 

Decided on October 16, 2003

Andrias, J.P., Ellerin, Williams, Lerner, Gonzalez, JJ.

1880

 

[*1]In re Collie W., A Person Alleged to Be a Juvenile Delinquent, Appellant.

 

Presentment Agency

 

George E. Reed, Jr.

Drake A. Colley

 

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about July 5, 2001, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of burglary in the third degree, and placed him with the Office for Children and Family Services for a period of up to 18 months, unanimously affirmed, without costs.

 

The Assistant Corporation Counsel who signed the petition was an "appropriate presentment attorney" within the contemplation of Family Court Act 311.1(3)(k) because, while awaiting bar admission, he was performing the responsibilities of an Assistant Corporation Counsel under a program approved by this Court pursuant to Judiciary Law 478.

 

Neither the petition nor appellant's factual allocution made in connection with his admission was defective for failure to specify the crime appellant intended to commit when he unlawfully entered the victim's premises. When an adult is charged with burglary, the prosecution is not obligated to plead or prove that a specific crime was intended (People v Mackey, 49 NY2d 274, 278-281), and there is no reason to reach a different result in juvenile delinquency proceedings. [*2]

 

We have considered and rejected appellant's remaining claims.

 

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

 

ENTERED: OCTOBER 16, 2003

 

CLERK

 

 

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