A state appeals court has determined that a Bronx teen should not have been adjudicated as a juvenile delinquent, owing to factors like his mother’s active involvement in his life and his inability to receive psychiatric medication at the time of the incidents.
In May 2010, Bronx Family Court Judge Monica Drinane (See Profile), who is also the court’s supervising judge, adjudicated Tyvan B. as a juvenile delinquent and imposed a 12-month conditional discharge. Tyvan had admitted to acts that, if he were an adult, would have been possession of graffiti instruments and fifth-degree criminal possession of marijuana. But in In re Tyvan B., 4965A, an Appellate Division, First Department, panel reversed, saying the lower court “improvidently exercised its discretion when it imposed a juvenile delinquency adjudication with a conditional discharge.” Yesterday’s opinion instead directed a supervised adjournment in contemplation of dismissal.
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