A teenage boy who forcibly kissed a female schoolmate’s face, neck and breasts should not have been sentenced to 12 months’ probation, a divided state appeals panel has ruled, finding that he should have been granted an adjournment in contemplation of dismissal because of mitigating circumstances.
The 3-1 Appellate Division, First Department, panel ruled on Tuesday in In re Juan P., 10691, that probation was not the least restrictive alternative available given the nature of the boy’s conduct and various mitigating circumstances. Justices David Friedman (See Profile), Rolando Acosta (See Profile) and Judith Gische (See Profile) joined the majority, while Justice Rosalyn Richter (See Profile) dissented.
