Opinion
12582 Dkt. No. D-28464/19 Case No. 2020-00132
12-10-2020
IN RE KEZIAH R., A Person Alleged to be a Juvenile Delinquent, Appellant, Presentment Agency
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Deborah E. Wassel of counsel), for presentment agency.
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Deborah E. Wassel of counsel), for presentment agency.
Friedman, J.P., Kapnick, Webber, Kern, Singh, JJ.
Appeal from order of disposition, Family Court, Bronx County (Alma M. Gomez, J.), entered on or about December 19, 2019, which, upon appellant's admission that she committed an act that, if committed by an adult, would constitute the crime of criminal mischief in the fourth degree, adjudicated her a juvenile delinquent and placed her on level one probation for a period of 12 months, unanimously dismissed, without costs, as moot.
This appeal is moot because the order has been vacated and superseded by a subsequent order of disposition, which, on the parties' consent, placed appellant on a 12–month term of unspecified probation (see Matter of Kyshawn J. , 158 A.D.3d 440, 67 N.Y.S.3d 825 [1st Dept. 2018] ). In any event, the court providently exercised its discretion by placing appellant on probation rather than granting an adjournment in contemplation of dismissal.