The following papers were read on this Motion: Respondent’s Order to Show Cause and Support Papers 1 Petitioner Presentment Agency’s Affirmation in Opposition to Respondent’s Order to Show Cause 2 DECISION AND ORDER The respondent in these juvenile delinquency matters1 has moved by Order to Show Cause filed June 10, 2019, for an order dismissing the petitioner presentment agency’s three petitions filed against him pursuant to Article 3 of the Family Court Act. The respondent argues for dismissal based on two grounds: 1) that the petitions fail to state sufficient factual information necessary for the respondent to prepare a defense; and 2) that the petitions and supporting complainant statements fail to state each and every element of the crimes allegedly committed by the respondent. The respondent further seeks an order precluding the petitioner from introducing certain evidence and an order adjourning the fact finding on these matters. On June 24, 2019, the petitioner filed opposition. The respondent’s motion to dismiss is determined as follows: The presentment agency, Nassau County Attorney’s Office (“presentment agency” or “petitioner”), alleges in its first petition that between November 2018 and March 2019, in the vicinity of F. High School, the respondent committed acts which if committed by an adult would constitute the crimes of: 1) Menacing in the Second Degree [Penal Law §120.14(2)], an A Misdemeanor; 2) Stalking in the Third Degree [Penal Law §120.50], an A Misdemeanor; 3) Stalking in the Fourth Degree [Penal Law §120.45(1)], a B Misdemeanor; 4) Harassment in the First Degree [Penal Law §240.25], a B Misdemeanor; and 5) Attempted Aggravated Harassment in the Second Degree [Penal Law §§110.00/240.30], a B Misdemeanor. The presentment agency alleges in its second petition that on or about February 11, 2019, at about 2:30 PM at F. High School, the respondent committed acts which if committed by an adult would constitute the crimes of 1) Criminal Obstruction of Breathing or Blood Circulation [Penal Law §121.11], an A Misdemeanor; 2) Attempted Criminal Obstruction of Breathing or Blood Circulation [Penal Law §§110.00/121.11], a B Misdemeanor; 3) Menacing in the Third Degree [Penal Law §120.15], a B Misdemeanor; and 4) Attempted Assault in the Third Degree [Penal Law §§110.00/120.00], a B Misdemeanor. The presentment agency alleges in its third petition that on or about February 25, 2019, at about “lunchtime” at F. High School, the respondent committed acts which if committed by an adult would constitute the crimes of 1) Criminal Obstruction of Breathing or Blood Circulation [Penal Law §121.11], an A Misdemeanor; 2) Attempted Criminal Obstruction of Breathing or Blood Circulation [Penal Law §§110.00/121.11], a B Misdemeanor; 3) Menacing in the Third Degree [Penal Law §120.15], a B Misdemeanor; and 4) Attempted Assault in the Third Degree [Penal Law §§110.00/120.00], a B Misdemeanor. The three petitions against the respondent are all supported by the same sworn written statement from the complainant, who is a 16-year old female student who attends the same high school as the respondent. (Statement of I.M.A.B., dated 3/7/19 ["Complainant's Supporting Deposition"]). The respondent’s counsel argues that the complainant’s supporting deposition primarily consists of “conclusory allegations, hearsay and vague and non-specific statements”. (See Affirmation of Marjorie G. Adler, Esq. in Support of Motion to Dismiss, dated June 10, 2019 ["Aff. in Support of Motion to Dismiss"],
5-10). Respondent’s counsel further contends that the presentment agency has failed to respond to the respondent’s discovery demands, including demands for names of witnesses and descriptions of the specific conduct for each act of criminal behavior alleged. (Aff. in Support of Motion to Dismiss,
