In re Detrece H., 78 N.Y.2d 108 (1991)
A juvenile delinquency petition that lacks non-hearsay factual allegations establishing every element of the charged crime cannot be amended with a supplemental supporting deposition to cure the deficiency; a new petition must be filed.
Summary
Detrece H. was charged with acts that, if committed by an adult, would constitute burglary. Her initial juvenile delinquency petition lacked non-hearsay evidence for all elements of the crime. The presentment agency sought to amend the petition by adding a police officer’s deposition containing the missing non-hearsay statements. The New York Court of Appeals addressed whether a juvenile delinquency petition, legally insufficient for lacking non-hearsay factual allegations for each element of the crime, can be amended. The Court held that such a deficiency cannot be cured by amendment; a new petition is required. This strict interpretation protects the rights of the accused juvenile.
Facts
On December 17, 1988, Detrece H. was observed in a store with a hammer and bags of clothing. The store’s controller, Anthony Hidalgo, stated he did not give Detrece permission to be there. The presentment agency filed a juvenile delinquency petition alleging Detrece committed acts that would constitute burglary if committed by an adult. The initial petition was supported only by Hidalgo’s deposition, stating Detrece lacked permission to be on the premises.
Procedural History
Detrece moved to dismiss the petition for failing to contain non-hearsay factual allegations supporting each element of the crime, as required by Family Court Act § 311.2. The presentment agency moved to amend the petition with a deposition from Officer Suarez, who observed Detrece in the store with a hammer. Family Court granted the amendment and denied the motion to dismiss. After a fact-finding hearing, the Family Court found Detrece committed acts constituting burglary and criminal trespass. The Appellate Division modified by dismissing the criminal trespass charge but otherwise affirmed, reasoning the amendment merely restated existing hearsay in non-hearsay form. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether a legally insufficient juvenile delinquency petition, lacking non-hearsay factual allegations establishing every element of the charged crime, can be amended with a supplemental supporting deposition to cure the deficiency.
Holding
No, because Family Court Act § 311.5(2)(b) prohibits amending a petition to cure legal insufficiency of the factual allegations; the presentment agency must file a new petition.
Court’s Reasoning
The Court reasoned that Family Court Act § 311.2(3) requires a juvenile delinquency petition to contain non-hearsay allegations establishing every element of the crime charged. A petition lacking such allegations is legally insufficient and jurisdictionally defective. Section 311.5(2)(b) explicitly states a petition “may not be amended for the purpose of curing * * * [the] legal insufficiency of the factual allegations.” Permitting amendment would contradict the statute’s plain wording and render it ineffective. The Court rejected the argument that the Family Court Act should grant the presentment agency the same flexibility as the Criminal Procedure Law, which allows for a two-step process of filing a complaint and then converting it to an information. The Family Court Act uses a one-step process, where the petition is the sole instrument. While CPL 100.50 allows for superseding informations in criminal actions, no equivalent exists in Family Court. Instead, the agency must file a new petition. The Court emphasized the distinct purposes of the Criminal Procedure Law and the Family Court Act, stating that incorporating provisions from the former into the latter would be an impermissible rewriting of the statute. The Court also dismissed the argument that disallowing the amendment would create a “technical” requirement undermining the Family Court Act’s goal of swift responses, stating that sections 311.2 and 311.5(2)(b) provide substantive protections for the accused juvenile and further the goal of determining delinquency fairly.