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MATTER OF DYLAN C.

No. 57.

16 N.Y.3d 614 (2011)

949 N.E.2d 949

926 N.Y.S.2d 1

In the Matter of DYLAN C., a Person Alleged to be a Juvenile Delinquent, Respondent. PRESENTMENT AGENCY, Appellant.

Court of Appeals of New York.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Deborah A. Brenner and Kristin M. Helmers of counsel), for appellant.

Legal Aid Society, New York City ( Marcia Egger , Steven A. Banks , Tamara A. Steckler and Lori Masco of counsel), for respondent.

Judges CIPARICK, GRAFFEO and JONES concur with Chief Judge LIPPMAN; Judge SMITH dissents and votes to reverse in a separate opinion in which Judges READ and PIGOTT concur.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Respondent Dylan C. ran out the door of the nonsecure juvenile detention facility to which he had been remanded pending his adjudication upon a juvenile delinquency petition. For absconding, he was charged in a second juvenile delinquency petition with the commission of acts which, if performed by an adult, would constitute the crime of escape in the second degree (Penal...

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