New York Supreme Court Appellate Division, First Department
June 19, 2012
IN RE JEROME P., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY
Matter of Jerome P.
Decided on June 19, 2012
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Sweeny, J.P., Catterson, Acosta, Freedman, Roman, JJ.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 4, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of marijuana in the fifth degree, and placed him on probation for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed as a matter of discretion.
As the presentment agency concedes, appellant should have been permitted to establish a prior inconsistent statement made by a police witness. "Since the appellant has already served the one-year term of probation imposed at the dispositional hearing, this matter is dismissed instead of remanded for a new fact-finding hearing" (Matter of Tracy B., 80 AD2d 792, 792 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 19, 2012
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