In the Matter of Dylan C.

A child who wandered off the grounds of the nonsecure facility to which he or

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Respondent Dylan C. ran out the door of the non-secure

juvenile detention facility to which he had been remanded pending

his adjudication upon a juvenile delinquency petition. For

absconding, he was charged in a second juvenile delinquency

petition with the commission of acts which, if performed by an

adult, would constitute the crime of escape in the second degree

(Penal Law § 205.10 [1]), a class E felony. Family Court granted

respondent's motion to dismiss the petition alleging escape upon

the ground that elopement1 from a non-secure facility did not

fall within the proscription of the felony escape statute relied

upon by the presentment agency (20 Misc 3d 942 [Fam Ct, Kings

County 2008]). The Appellate Division in a thorough and

thoughtful opinion affirmed, essentially upon the same ground (69

AD3d 127 [2d Dept 2009]), and we, having agreed to review the

Appellate Division's decision and order (14 NY3d 710 [2010]),

now, also affirm.

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Reference Info:Decision | State, 2nd Circuit, New York | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bryon Gross, Esq. | Attorney Advertising

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