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In re Kaylynn M.

Supreme Court, Appellate Division, First Department, New York.
Oct 4, 2016
143 A.D.3d 413 (N.Y. App. Div. 2016)

Opinion

10-04-2016

In re KAYLYNN M., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Victoria Scalzo of counsel), for presentment agency.


Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.Zachary W. Carter, Corporation Counsel, New York (Victoria Scalzo of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about January 7, 2015, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court providently exercised its discretion when it denied appellant's motion to convert the juvenile delinquency petition into a person in need of supervision petition (see e.g. Matter of Diana P., 49 A.D.3d 390, 852 N.Y.S.2d 838 [1st Dept.2008] ). The record demonstrates that the underlying incident had a violent component, that appellant had a history of arrests, juvenile delinquency adjudications and noncompliance with supervision, that she used drugs and alcohol, that she was frequently truant, and that she often broke curfew. These factors outweighed some recent improvement in appellant's behavior during the pendency of the case. Furthermore, a juvenile delinquency adjudication was necessary to ensure appellant's compliance with treatment. “[T]he irony is presented that while the court may direct the PINS youth not to abscond, the statutory authority constraining the court essentially precludes an effective remedy should the youth abscond” (Matter of Edwin G., 296 A.D.2d 7, 11, 742 N.Y.S.2d 53 [1st Dept.2002] ).

TOM, J.P., SWEENY, ANDRIAS, WEBBER, GESMER, JJ., concur.


Summaries of

In re Kaylynn M.

Supreme Court, Appellate Division, First Department, New York.
Oct 4, 2016
143 A.D.3d 413 (N.Y. App. Div. 2016)
Case details for

In re Kaylynn M.

Case Details

Full title:In re KAYLYNN M., A Person Alleged to be a Juvenile Delinquent, Appellant…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Oct 4, 2016

Citations

143 A.D.3d 413 (N.Y. App. Div. 2016)
143 A.D.3d 413
2016 N.Y. Slip Op. 6435

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