Opinion
6769 6770
06-05-2018
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ.
Appeals from orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 31, 2017, which adjudicated appellant a juvenile delinquent upon his admissions that he committed acts that, if committed by an adult, would constitute the crime of sexual abuse in the third degree (two counts), and imposed a conditional discharge for a period of 12 months, unanimously dismissed, without costs.
Each "dispositional order was entered upon appellant's consent and thus he is not an aggrieved party within the meaning of CPLR 5511" ( Matter of Desmond S., 97 N.Y.2d 693, 693, 739 N.Y.S.2d 91, 765 N.E.2d 294 [2002] ; see Matter of Raven L., 105 A.D.3d 424, 961 N.Y.S.2d 776 [1st Dept. 2013] ). In any event, the disposition was the least restrictive alternative and a provident exercise of the court's discretion.