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Matter of Sylvia

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 875 (N.Y. App. Div. 1980)

Opinion

November 10, 1980


Appeal from an order of the Family Court, Nassau County, entered September 12, 1979, which, upon an adjudication that appellant was a juvenile delinquent in that she committed an act, which if done by an adult, would constitute the crime of escape in the second degree, placed her in the custody of the Division for Youth, Title III. Order reversed, on the law, without costs or disbursements, and petition dismissed. A person in need of supervision who runs away from a Title II nonsecure facility in which she has been placed cannot, solely by virtue of that act, be adjudicated a juvenile delinquent in that she committed an act, which if done by an adult, would constitute the crime of escape in the second degree (see Matter of Freeman, 103 Misc.2d 649; cf. State in Interest of M.S., 73 N.J. 238). Lazer, J.P., Gibbons, Gulotta and Cohalan, JJ., concur.


Summaries of

Matter of Sylvia

Appellate Division of the Supreme Court of New York, Second Department
Nov 10, 1980
78 A.D.2d 875 (N.Y. App. Div. 1980)
Case details for

Matter of Sylvia

Case Details

Full title:In the Matter of SYLVIA H., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 10, 1980

Citations

78 A.D.2d 875 (N.Y. App. Div. 1980)

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