2006 New York Code - The Petition; Definition And Contents.

 
    §  311.1.  The  petition;  definition  and  contents.  1.  A  petition
  originating a juvenile delinquency proceeding is a written accusation by
  an authorized presentment agency.
    2. A petition shall charge at least one crime and  may,  in  addition,
  charge  in  separate  counts one or more other crimes, provided that all
  such crimes are joinable in accord with section 311.6.
    3. A petition must contain:
    (a) the name of the family court in which it is filed;
    (b) the title of the action;
    (c) the fact that the respondent is a person under  sixteen  years  of
  age at the time of the alleged act or acts;
    (d) a separate accusation or count addressed to each crime charged, if
  there be more than one;
    (e) the precise crime or crimes charged;
    (f)  a statement in each count that the crime charged was committed in
  a designated county;
    (g) a statement in each count  that  the  crime  charged  therein  was
  committed  on, or on or about, a designated date, or during a designated
  period of time;
    (h) a plain and concise factual statement in each count which, without
  allegations of an evidentiary nature,  asserts  facts  supporting  every
  element  of  the  crime  charged and the respondent's commission thereof
  with sufficient precision to  clearly  apprise  the  respondent  of  the
  conduct which is the subject of the accusation;
    (i)  the  name or names, if known, of other persons who are charged as
  co-respondents in the family court or as  adults  in  a  criminal  court
  proceeding in the commission of the crime or crimes charged;
    (j) a statement that the respondent requires supervision, treatment or
  confinement; and
    (k) the signature of the appropriate presentment attorney.
    4.  A petition shall be verified in accordance with the civil practice
  law and rules and shall conform to the provisions of section 311.2.
    5. If the petition alleges that the respondent committed a  designated
  felony  act,  it  shall  so  state,  and the term "designated felony act
  petition" shall be prominently marked thereon. Certified copies of prior
  delinquency findings shall constitute sufficient proof of such  findings
  for  the  purpose  of  filing  a  designated felony petition. If all the
  allegations of a designated felony act are dismissed or withdrawn or the
  respondent is found to have committed crimes which  are  not  designated
  felony acts, the term "designated felony act petition" shall be stricken
  from the petition.
    6. The form of petition shall be prescribed by the chief administrator
  of the courts. A petition shall be entitled "In the Matter of", followed
  by the name of the respondent.
    7.  When  an  order  of  removal  pursuant  to  article  seven hundred
  twenty-five of the criminal procedure law is filed with the clerk of the
  court, such order and those pleadings and proceedings,  other  than  the
  minutes  of  any  hearing inquiry or trial, grand jury proceeding, or of
  any plea accepted or entered, held in this action that has not yet  been
  transcribed  shall  be  transferred  with it and shall be deemed to be a
  petition filed pursuant to subdivision one of section  310.1  containing
  all  of  the  allegations  required by this section notwithstanding that
  such allegations may not be set forth in the manner therein  prescribed.
  Where the order or the grand jury request annexed to the order specifies
  an  act  that  is  a designated felony act, the clerk shall annex to the
  order a sufficient statement and marking to make it a designated  felony
  act  petition.  The date such order is filed with the clerk of the court
  shall be deemed the date a petition was filed under  this  article.  For


  purposes  of  service  in  accord  with section 312.1, however, only the
  order of removal shall be  deemed  the  petition.  All  minutes  of  any
  hearing  inquiry  or trial held in this action, the minutes of any grand
  jury  proceeding  and the minutes of any plea accepted and entered shall
  be transferred to the family court within thirty days.