In re Michael F.

215 N.Y.S.3d 103

In the MATTER OF MICHAEL F., A Person Alleged to be a Juvenile Delinquent, Appellant.

Supreme Court, Appellate Division, First Department, New York.

Entered: August 8, 2024

Dawne A. Mitchell, The Legal Aid Society, New York (Hannah Kaplan of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Jennifer Lerner of counsel), for respondent.

Kern, J.P., Oing, Kapnick, Higgitt, Michael, JJ.

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about September 5, 2023, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a weapon in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

On February 10, 2023, a petition was filed charging then 16–year–old appellant with the commission of acts which, if committed by an adult, would constitute criminal possession of a weapon in the second degree, criminal possession of a firearm, criminal possession of a weapon in the fourth degree, and possession or sale of toy or imitation firearm. Specifically, the police recovered a loaded 9 millimeter semiautomatic firearm from appellant’s jacket pocket. As part of the plea agreement, appellant was permitted to plead guilty to criminal possession of a weapon in the fourth degree in satisfaction of the petition. In addition to these terms, counsel for appellant and the presentment agency agreed that an adjournment in contemplation of dismissal (ACD) would not be sought at disposition. Before the dispositional hearing, the Probation Department completed an assessment of appellant and based on, among other things, its interviews with appellant, his mother, and stepfather, recommended level-three probation, with a condition that appellant was not to possess any guns or weapons. At disposition, counsel requested a conditional discharge and the presentment agency requested level-one probation. Counsel did not request an ACD because it was waived as part of the plea agreement. The court found appellant to be in need of supervision and treatment, adjudicated him a juvenile delinquent, and placed him on level-one probation for 12 months, which was less restrictive than the level-three probation recommended by the Probation Department. The court also required appellant to complete BRAG (Bronx Rises Against Gun Violence program), attend school every day, and follow rules at home and at school. The court stated that if appellant completed probation and graduated...