Court of Appeals of New York
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
Judges
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Court
- Court of Appeals of New York