33 A.D.2d 1028 | N.Y. App. Div. | 1970
Order of the Family Court, Queens County, dated February 19, 1969, reversed, on the law and the facts, without costs, and petition dismissed. Appellant was adjudicated a juvenile delinquent upon a determination that she had committed an act which, if done by an adult, would constitute criminal trespass in the second degree (Penal Law, § 140.10 [the section has been amended so as to reduce such act to criminal trespass in the third degree, by L. 1969, ch. 341, § 4]). The petition alleged that appellant entered the Gertz Department Store after having been given a lawful order to stay out of the store. In our opinion, the evidence adduced at the fact finding hearing was insufficient to establish that a proper communication had been directed to appellant. While the security director of