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In re Devon R

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 15 (N.Y. App. Div. 2000)

Opinion

December 5, 2000.

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about October 26, 1998, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would have constituted two counts of sodomy in the first degree, and placing him in the custody of the Commissioner of Social Services for placement with the Abbott House Residential Treatment Center for 18 months, unanimously modified, on the facts and as an exercise of discretion, to the extent of substituting for appellant's adjudication as a juvenile delinquent a finding that he is a person in need of supervision ("PINS"), and otherwise affirmed, without costs.

Marcia Egger, for person alleged to be a juvenile delinquent, DEVON R.

Janet L. Zaleon, for presentment agency.

Before: Williams, J.P., Mazzarelli, Ellerin, Wallach, Rubin, JJ.


Under the unusual circumstances of this case, which involves an eight-year-old child in need of psychiatric treatment, the court improvidently exercised its discretion in declining to substitute a PINS finding for the juvenile delinquency adjudication (see, Family Court Act § 311.4).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Devon R

Appellate Division of the Supreme Court of New York, First Department
Dec 5, 2000
278 A.D.2d 15 (N.Y. App. Div. 2000)
Case details for

In re Devon R

Case Details

Full title:IN RE DEVON R., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT

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

Date published: Dec 5, 2000

Citations

278 A.D.2d 15 (N.Y. App. Div. 2000)
717 N.Y.S.2d 145