Opinion
May 21, 1962
In a proceeding against an infant pursuant to the Children's Court Act of the State of New York, the infant appeals from a judgment of the Children's Court, Rockland County, rendered June 15, 1961 after a hearing, which adjudicated him to be a juvenile delinquent by reason of his violation of section 1293-a of the Penal Law, relating to the larcenous taking and operation of an automobile, and which committed him to a State training school, subject to the provisions of law relating to such school. Judgment affirmed, without prejudice to an application to the Children's Court, Rockland County, for further action not inconsistent herewith. While the judgment when made was proper, we believe that the propriety of the infant's present commitment to the State training school at Otisville should be reconsidered in view of the fact: (1) that the judgment in the companion case ( Matter of Alaimo, Jr., 16 A.D.2d —) is being reversed; and (2) that the file papers now contain a psychiatric report, made by a physician attached to the staff of the said school, which indicates that the infant may require treatment in some other institution. In our opinion, it is necessary and desirable that the infant's commitment should now be re-evaluated in the light of the stated new facts and of any other relevant facts which may have since developed. Ughetta, Acting P.J., Kleinfeld, Hill, Rabin and Hopkins, JJ., concur.