Matter of
Collie W.
Matter of Collie W.
2003 NYSlipOp 17536
Decided on
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on
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:
CLERK