Legal Opinion

In re Jonnevin B.

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

Decided November 3, 2011PublishedCited by 1 opinion

1Opinion of the Court

*465The court improvidently exercised its discretion when it imposed a juvenile delinquency adjudication with probation. This was not “the least restrictive available alternative” (Family Ct Act § 352.2 [2] [a]). Instead, a supervised adjournment in contemplation of dismissal (ACD) would adequately serve the needs of appellant and society (see e.g. Matter of Tyvan B., 84 AD3d 462 [2011]).

The underlying offense was simple possession of a toy or imitation revolver. There is no evidence of unlawful use or threatened use. Appellant was 14 years old at the time of the adjudication, and this was his…

2Cases cited1 opinion

  1. In re Tyvan B.Appellate Division of the Supreme Court of the State of New York · 2011

3Cited by1 opinion

  1. In re Jonnevin B.Appellate Division of the Supreme Court of the State of New York · 2012

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