SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
April 3, 1969
IN THE MATTER OF JANINE W., APPELLANT
Appeal from order of Onondaga Family Court adjudicating respondent to be a wayward minor.
Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.
Memorandum: With commendable fairness the County Attorney has conceded that People v. Duke, People v. Acker, and People v. Vargas, reported together at 23 N.Y.2d 780, are here controlling. In the light of these decisions, the record does not establish that the infant was a wayward minor.
Order unanimously reversed and petition dismissed.
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