In re Derrick H.

Moskowitz and Freedman, JJ.,

dissent in part in a memorandum by Moskowitz, J., as follows: While I am not disputing the court’s findings concerning credibility, I would reverse and vacate the adjudication of juvenile delinquency and the conditional discharge because the court should have granted an adjournment in contemplation of dismissal (ACD). To the extent defense counsel failed to preserve this issue, I would review it in the interest of justice.

A juvenile delinquency adjudication requires: (1) a determination that the juvenile committed an act, that, if committed by an adult, would…