MATTER OF JAMES JJ.

533143.

206 A.D.3d 1091 (2022)

168 N.Y.S.3d 584

2022 NY Slip Op 03555

In the Matter of James JJ., Alleged to be a Juvenile Delinquent. Warren County Attorney, Appellant, James JJ., Respondent.

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

Decided June 2, 2022.


Attorney(s) appearing for the Case

Lawrence Elmen , County Attorney, Lake George ( Ryan J. Dickey of counsel), for appellant.

Mitchell S. Kessler , Cohoes, attorney for the child.

Egan Jr., J.P., Colangelo and Fisher, JJ., concur.


In December 2020, petitioner filed a juvenile delinquency petition alleging that respondent, who was 17 years old, had committed acts which would have constituted assault in the third degree if committed by an adult. An initial appearance was scheduled, but, before it was held, Family Court sua sponte dismissed the petition in the furtherance...

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