Opinion
October 25, 1993
Appeal from the Family Court, Westchester County (Bellantoni, J.).
Ordered that the order is affirmed, without costs or disbursements.
Family Court Act § 315.2 (1) clearly authorizes the Family Court to dismiss a juvenile delinquency petition in the interests of justice "as a matter of judicial discretion" when there exists "some compelling further consideration or circumstances clearly demonstrating that a finding of delinquency or continued proceedings would constitute or result in injustice". The statute then provides that in making any such determination, the court must consider certain factors listed in the statute (see, Family Ct Act § 315.2; see also, Matter of Kwane M., 121 A.D.2d 635; Matter of Carlief V., 121 A.D.2d 640).
In the instant case, we find, contrary to the argument of the presentment agency, that there is sufficient evidence in the record to support the Family Court's application of the statutory factors. Accordingly, it cannot be said that the dismissal of the petition in the interests of justice was an improvident exercise of discretion. Bracken, J.P., Sullivan, Miller and Copertino, JJ., concur.