MATTER OF JOSEPH H.


39 A.D.3d 896 (2007)

834 N.Y.S.2d 344

In the Matter of JOSEPH H., a Person Alleged to be a Juvenile Delinquent. CHRISTOPHER H. GARDNER, as Schenectady County Attorney, Respondent; JOSEPH H., Appellant.

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

Decided April 5, 2007.


Cardona, P.J.

In February 2005, respondent was adjudicated a juvenile delinquent after perpetrating an act which, if committed by an adult, would constitute assault in the third degree. He was placed on probation for 12 months, however, just two days after that disposition, respondent, then 16, committed the crime of sexual abuse in the first degree. Respondent later pleaded guilty to that crime.

Thereafter, in October 2005, petitioner commenced this proceeding...

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