From Casetext: Smarter Legal Research

In re Jens P.

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 707 (N.Y. App. Div. 1990)

Opinion

March 26, 1990

Appeal from the Family Court, Westchester County (Bellantoni, J.).


Ordered that the order of disposition is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed and the appellant's record is expunged pursuant to Family Court Act § 375.3.

Family Court Act § 352.1 (2) provides that "[i]f, upon the conclusion of the dispositional hearing, the court determines that the respondent does not require supervision, treatment or confinement, the petition shall be dismissed".

Upon review of the record and the particular facts of this case, we conclude that dismissal of the instant petition was warranted under Family Court Act § 352.1 (2) since there was insufficient evidence adduced at the dispositional hearing to demonstrate that the appellant was in need of supervision, treatment, or confinement. In addition, we find that expungement of the appellant's records pursuant to Family Court Act § 375.3 is appropriate. Brown, J.P., Lawrence, Eiber and Rosenblatt, JJ., concur.


Summaries of

In re Jens P.

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 707 (N.Y. App. Div. 1990)
Case details for

In re Jens P.

Case Details

Full title:In the Matter of JENS P., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 26, 1990

Citations

159 A.D.2d 707 (N.Y. App. Div. 1990)

Citing Cases

MATTER OF NALDO X.

Alternatively, although the Court has previously determined that the juvenile has committed an act which…

Matter of Kyung

There was insufficient evidence adduced at the dispositional hearing to demonstrate by a preponderance of the…