AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

In the Matter of KYUNG C., a Person Alleged to be a Juvenile Delinquent, Appellant.

Ordered that the order of disposition is reversed, as a matter of discretion in the interest of justice, without costs or disbursements, the fact-finding order is vacated, the petition is dismissed and the appellant's record is sealed pursuant to Family Court Act § 375.1.

There was insufficient evidence adduced at the dispositional hearing to demonstrate by a preponderance of the evidence that the appellant was in need of supervision, treatment or confinement. Consequently, the petition should have been dismissed (see, Family Ct Act § 350.3; § 352.1 [2]; Matter of Jens P., 159 A.D.2d 707). The only evidence offered at the dispositional hearing was a report by the Probation Department which essentially concluded that the underlying incident was an isolated event and that the appellant received adequate supervision by his parents. Thompson, J.P., Kunzeman, Lawrence and O'Brien, JJ., concur.

Use AI to get other relevant cases.

Comments

MATTER OF KYUNG
(Jan 14, 1991)