Opinion
2012-06-19
In re JEROME P., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Tamara A. Steckler, The Legal Aid Society, New York (Elana E. Roffman of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Elana E. Roffman of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Alan G. Krams of counsel), for presentment agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 4, 2011, 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 criminal possession of marijuana in the fifth degree, and placed him on probation for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed as a matter of discretion.
As the presentment agency concedes, appellant should have been permitted to establish a prior inconsistent statement made by a police witness. “Since the appellant has already served the one-year term of probation imposed at the dispositional hearing, this matter is dismissed instead of remanded for a new fact-finding hearing” (Matter of Tracy B., 80 A.D.2d 792, 792, 437 N.Y.S.2d 90 [1981] ).