Opinion
5152
12-07-2017
IN RE TYLER Y., 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 (Emma Grunberg 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 (Emma Grunberg of counsel), for presentment agency.
Manzanet–Daniels, J.P., Mazzarelli, Kapnick, Webber, JJ.
Order of disposition, Family Court, New York County, (Stewart H. Weinstein, J.), entered on or about February 4, 2016, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for 12 months, unanimously reversed, as an exercise of discretion in the interest of justice, without costs, the delinquency finding and dispositional order vacated, and the matter remanded to Family Court with the direction to order an adjournment in contemplation of dismissal nunc pro tunc to February 4, 2016.
Although we find appellant's challenges to the sufficiency and weight of the evidence unavailing, we conclude that an adjournment in contemplation of dismissal would have been the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ), and we exercise our interest of justice jurisdiction accordingly.