In re Janine W. (32 A.D.2d 611, 1969)

Order unanimously reversed and petition dismissed. 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. (Appeal from order of Onondaga Family Court, adjudicating respondent to be a wayward minor.) Present— Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.