ADJOURNMENT IN CONTEMPLATION OF DISMISSAL – New York Appellate Digest https://www.newyorkappellatedigest.com Sun, 27 Sep 2020 15:30:09 +0000 en-US hourly 1 https://wordpress.org/?v=7.0 https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/Favicon-Blue-01-36x36.png ADJOURNMENT IN CONTEMPLATION OF DISMISSAL – New York Appellate Digest https://www.newyorkappellatedigest.com 32 32 171315692 Court Should Have Granted an Adjournment in Contemplation of Dismissal In a Juvenile Delinquency Proceeding https://www.newyorkappellatedigest.com/2014/05/13/court-should-have-granted-an-adjournment-in-contemplation-of-dismissal-in-a-juvenile-delinquency-proceeding/ Tue, 13 May 2014 04:00:00 +0000 http://newyorkappellatedigest.com/?p=30225 The First Department, over a dissent, determined that an adjournment in contemplation of dismissal (ACD) was the least restrictive dispositional alternative in a juvenile delinquency proceeding:

An adjournment in contemplation of dismissal would have been the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection … . This was appellant’s first offense. She admitted the allegations of the petition but asserted, as did her mother, that the incident resulted from her having been bullied by the complainant with no corrective action taken by appellant’s school. While appellant had truancy issues at school, at the time of the disposition she was employed, was being treated for depression, and was generally making progress. Based on all these factors, there is no reason to believe that appellant needed any supervision beyond that which could have been provided under an ACD. It should also be noted that under the terms of an ACD, the court could have required the Probation Department to monitor appellant, and her observance of a curfew and other requirements. Matter of Clarissa V, 2014 NY Slip Op 03431, 5-13-14

 

]]>
30225
Family Court Should Have Granted an Adjournment in Contemplation of Dismissal as the Least Restrictive Dispositional Alternative in a Juvenile Delinquency Proceeding https://www.newyorkappellatedigest.com/2014/02/11/family-court-should-have-granted-an-adjournment-in-contemplation-of-dismissal-as-the-least-restrictive-dispositional-alternative-in-a-juvenile-delinquency-proceeding/ Tue, 11 Feb 2014 05:00:00 +0000 http://newyorkappellatedigest.com/?p=25237 In a juvenile delinquency proceeding, the First Department, over a dissent, determined the appellant should have been granted an adjournment of contemplation of dismissal (ACD) as the appropriate least restrictive disposition of the case:

…[W]e conclude that an adjournment in contemplation of dismissal (ACD) would have been the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection … . We note that an ACD could have been made subject to conditions, such as counseling and educational requirements. This was appellant’s first offense, and he had an exemplary academic record, along with strong recommendations from school personnel … . There is no indication that he has unsavory friends or a record of school disciplinary problems, truancy or poor grades … . On the contrary, appellant, who has a strong social support network, received an award for perfect school attendance and, upon graduation from eighth grade, an assemblyman and senator from the area awarded him a certificate of merit for academic achievement. He has also demonstrated leadership in sports. Additionally, appellant participated in a sexual behavior program and expressed remorse for his actions. Furthermore, appellant … stayed out of trouble for the 18 months that the case was pending. Based on all these factors, there is no reason to believe that appellant needed any supervision beyond that which could have been provided under an ACD. Matter of Juan P, 2014 NY Slip Op 00879, 1st Dept 2-11-14

 

]]>
25237