Opinion
January 16, 1990
Appeal from the Family Court, Queens County (Schindler, J.).
Ordered that the order of disposition is reversed, on the law and the facts, without costs or disbursements, the fact-finding order is vacated, and the petition is dismissed.
As the Corporation Counsel concedes, the appellant's momentary presence in or about a vandalized automobile cannot, without more, provide the basis for a finding that he exercised dominion and control over the vehicle as contemplated by Penal Law § 165.05 (see, Matter of Ruben P., 151 A.D.2d 485). Thus, the petition is dismissed. Mollen, P.J., Bracken, Brown and Rosenblatt, JJ., concur.