Matter of Nigel H.

136 A.D.3d 1033 (2016)

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Matter of Nigel H.

New York Supreme Court, Appellate Division
136 A.D.3d 1033 (2016)

  • Written by Nathan Benedict, JD

Facts

Nigel H. (defendant), aged 13, admitted that he committed an act that would, if committed by an adult, constitute fifth-degree arson, a misdemeanor. Nigel was an honor student with no prior criminal history and no disciplinary issues in his foster home despite physical abuse and neglect by his biological parents. Nigel had never used drugs or alcohol or affiliated with a gang. He was found to have a low risk of reoffending. He received counseling services at his foster placement. At his disposition hearing, Nigel requested an adjournment in contemplation of dismissal. If granted, the proceedings would have been suspended for six months and would likely be dismissed at that time. The court could impose terms and conditions during the adjournment period, including supervision by probation. The family court refused Nigel’s request and instead placed him on probation for 12 months. Nigel appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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Casebooks

Children and Juveniles

Key Terms

  • Abuse of DiscretionAn adjudicator’s failure to make a decision in accordance with principles of soundness, reasonableness, or legality.
  • ProbationA criminal sentence allowing the offender to live in the community rather than being incarcerated, as long as compliance with specified conditions is maintained.
  • AdjournmentA postponement of proceedings.
  • DelinquencyThe adjudicated status of a minor who has committed disorderly, antisocial, or illegal acts; also known as juvenile delinquency.
  • Dispositional HearingA hearing in a juvenile-delinquency proceeding, equivalent to a sentencing hearing for adults in criminal court, in which a court determines the disposition of a juvenile who has committed a delinquent act.

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