Opinion
February 26, 1973
In a proceeding under article 7 of the Family Court Act, the appeal is from an order of the Family Court, Queens County, dated July 27, 1972, which adjudicated appellant a juvenile delinquent and placed him on probation for one year. Order reversed, on the law and the facts, without costs, and petition dismissed. The record is barren of any evidence tending to corroborate the testimony of the accomplice that it was appellant who committed the theft. In such circumstances the adjudication of juvenile delinquency cannot stand ( People v. Fitzgerald, 244 N.Y. 307; Matter of Arthur M., 34 A.D.2d 761). Hopkins, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.