Legal Opinion

Matter of Justin G. (Presentment Agency)

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

Decided March 25, 2015No. 2014-05939PublishedCited by 1 opinion

1Opinion of the Court

Appeal from an order of the Family Court, Kings County (Terrence J. McElrath, J.), dated April 24, 2014. The order dismissed the juvenile delinquency petition with prejudice.

Ordered that the order is affirmed, without costs or disbursements.

The respondent’s contention that the appeal must be dismissed is without merit. The presentment agency is appealing from an order dismissing the petition prior to the commencement of the fact-finding hearing (see Family Ct Act § 365.1 [2] [a]; Matter of Courtney C., 114 AD3d 938 [2014]).

The presentment agency concedes that its original voluntary disclosure…

2Cases cited2 opinions

  1. People v. LopezNew York Court of Appeals · 1994
  2. In re Kendell F.Appellate Division of the Supreme Court of the State of New York · 2006

3Cited by1 opinion

  1. Matter of Savannah F.Appellate Division of the Supreme Court of the State of New York · 2024

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