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In the Matter of NIAZIA F., a Person Alleged to be a Juvenile Delinquent, Appellant.

As the presentment agency concedes, the petition is facially insufficient because, although the petition and supporting deposition alleged that appellant possessed two "dangerous knives," as is required by Penal Law § 265.05, there was no allegation of the circumstances under which appellant possessed or used these unmodified kitchen knives so as to establish that they could be considered dangerous within the meaning of the statute ( see Matter of Jamie D., 59 NY2d 589 [1983]). In view of the foregoing, we do not reach appellant's other contention.

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IN RE NIAZIA
(May 8, 2007)