MATTER OF DWAYNE R.


291 A.D.2d 325 (2002)

737 N.Y.S.2d 851

In the Matter of DWAYNE R., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 26, 2002.


As the presentment agency commendably concedes, there was no finding by the court that crediting the appellant with time spent in detention prior to the commencement of placement would not serve the needs and best interests of the appellant or the need for protection of the community. Therefore, appellant is entitled to credit for that time (Family Ct Act § 353.3 [5]; Matter of Wayne S., 193 A.D.2d 371, 372).

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