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MATTER OF TYVAN B.

4965, 4965A.

84 A.D.3d 462 (2011)

923 N.Y.S.2d 60

In the Matter of TYVAN B., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided May 5, 2011.

The court improvidently exercised its discretion when it imposed a juvenile delinquency adjudication with a conditional discharge. This was not "the least restrictive available alternative" (Family Ct Act § 352.2 [2] [a]). Instead, a supervised adjournment in contemplation of dismissal (ACD) would adequately serve the needs of appellant and society (see e.g. Matter of Joel J., 33 A.D.3d 344 [2006]).

Appellant was 13...

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