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Order, Family Court, Bronx County (Robert R. Reed, J.), entered on or about February 13, 2009, which adjudicated appellant a juvenile delinquent after a fact-finding determination that he committed acts
*588 which, if committed by an adult, would constitute the crime of assault in the third degree, and imposed a conditional discharge for a period of six months, unanimously reversed, as an exercise of discretion in the interest of justice,' and the petition dismissed, without costs.Family Court improvidently exercised its discretion in adjudicating appellant a juvenile delinquent under the facts of this case. The fact that the term of the conditional discharge has now expired does not moot this appeal (see Matter of Bickwid v Deutsch, 87 NY2d 862 [1995]), as the stigma attached to the juvenile delinquency adjudication remains (see Matter of Daniel W., 56 AD3d 483 [2008]). Concur—Mazzarelli, J.P., Andrias, Saxe, Catterson and Acosta, JJ.
Document Info
Filed Date: 4/27/2010
Precedential Status: Precedential
Modified Date: 11/1/2024