Court of Appeals of New York

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In the Matter of Gabriela A., 41

The Appellate Division properly reversed the Family Court's dispositional order which found the juvenile, who was already designated as a "person in need of supervision" (PINS), to be a juvenile delinquent, and placed in a secure facility, where: 1) the Appellate Division found that the juvenile's resistance to being returned to the non-secure facility fell within the bounds of acting "beyond the lawful control of . . . lawful authority" rather than Penal Law section 195.05; and 2) this finding more nearly comports with the weight of the evidence.

Appellate Information

  • Decided 04/08/2014
  • Published 04/08/2014


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  • Court of Appeals of New York


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