MATTER OF DAZAETH S.-M.

Docket No. D-30638/19. Appeal No. 15772. Case No. 2021-01953.

204 A.D.3d 552 (2022)

165 N.Y.S.3d 279

2022 NY Slip Op 02641

In the Matter of Dazaeth S.-M., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided April 21, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( John A. Newbery of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Kevin Osowski of counsel), for presentment agency.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.


The court providently exercised its discretion in its determination that appellant failed to establish a substantial change of circumstances sufficient to warrant vacatur of his juvenile delinquency adjudication pursuant to Family Court Act § 355.1(1)(b). Although appellant complied with the terms of his conditional discharge, his compliance alone was insufficient to establish a change of circumstances, particularly because both the offense and completion of the requirements...

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