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State in Interest of K.P.

Decided: April 3, 1979.

STATE OF NEW JERSEY IN THE INTEREST OF K.P., JUVENILE-APPELLANT


On appeal from the Juvenile and Domestic Relations Court, Cumberland County.

Pressler and King. The opinion of the court was delivered by Pressler, J.A.D.

Pressler

[167 NJSuper Page 292] Three separate complaints, consolidated for hearing, were filed against K.P., a juvenile. The first charged him with a violation of a municipal curfew ordinance, the second with being under the influence of an alcoholic beverage in violation of N.J.S.A. 2A:170-54.1, and the third with petty larceny. At the commencement of the hearing he admitted the allegations of the first two charges and was tried on the third. He was found guilty and adjudicated a delinquent on the basis thereof. By way of disposition he was committed to concurrent indeterminate

terms at the Jamesburg School for Boys subject to a six-month maximum on the drinking and larceny charges.*fn1 On the curfew charge he was placed on one-year suspended probation. He appeals, claiming reversible error in the larceny adjudication as a result of the prosecutor having cross-examined him in respect of his prior juvenile history. He also contends that the custodial disposition was manifestly excessive and, in respect of the drinking charge, illegal.

We agree that the larceny adjudication must be reversed. During cross-examination, the following interrogation took place:

Q Now, have you ever been convicted of a juvenile crime before?

A Been convicted? What is convicted?

Q Found guilty.

A Yes.

Q Will you please tell the Court what crimes you have been found guilty of in Juvenile Court?

A I find guilty for bikes.

Q Larceny of a ...


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