| Matter of Tyvan B. |
| 2011 NY Slip Op 03721 [84 AD3d 462] |
| May 5, 2011 |
| Appellate Division, First Department |
| In the Matter of Tyvan B., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elina Druker of counsel), forpresentment agency.
Orders of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or aboutMay 20, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he hadcommitted acts that, if committed by an adult, would constitute the crimes of possession ofgraffiti instruments and criminal possession of marihuana in the fifth degree, and imposed aconditional discharge for a period of 12 months, unanimously reversed, as an exercise ofdiscretion in the interest of justice, without costs, the delinquency finding and conditionaldischarge vacated, and the matter remanded to Family Court with the direction to order asupervised adjournment in contemplation of dismissal pursuant to Family Court Act §315.3 (1).
The court improvidently exercised its discretion when it imposed a juvenile delinquencyadjudication 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 ofdismissal (ACD) would adequately serve the needs of appellant and society (see e.g. Matter of Joel J., 33 AD3d344 [2006]).
Appellant was 13 years old at the time of the adjudication. The underlying offenses wereminor and were appellant's first offenses. They occurred over a short period of time when,through no fault of his own, appellant was not receiving his psychiatric medication. Appellant'smother was actively involved in his home and school life, and she recognized and addressed herson's need for psychiatric treatment prior to any intervention from the court. At the time of thedispositional hearing appellant was receiving appropriate medication and therapy. There is noreason to believe appellant needs any court-imposed supervision beyond the supervision that can[*2]be provided under an ACD. Concur—Andrias, J.P.,Sweeny, Catterson, Renwick and Manzanet-Daniels, JJ.