Legal Opinion · Dissent

In re Lameka P.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 2011Published

1Dissent

Moskowitz and Freedman, JJ.,

dissent in a memorandum by Freedman, J. as follows: I dissent from the order of disposition adjudicating appellant a juvenile delinquent and placing her on probation for a period of 12 months, and, in the exercise of discretion in the interest of justice, would remand the matter to Family Court with the direction to order a supervised adjournment in contemplation of dismissal (ACD) pursuant to Family Court Act § 315.3.

Although the presentment agency did not allege that appellant drank alcohol, the record shows that the court gave considerable weight to its mistaken…

2Cases cited3 opinions

  1. In re Jeffrey C.Appellate Division of the Supreme Court of the State of New York · 2008
  2. In re Israel M.Appellate Division of the Supreme Court of the State of New York · 2008
  3. In re Julian O.Appellate Division of the Supreme Court of the State of New York · 2011

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