In re Michael W., 64 N.Y.2d 793 (1985)
A Family Court may adjudicate a youth a juvenile delinquent based upon a finding that a lesser included crime, not specifically charged in the petition, has been committed.
Summary
The New York Court of Appeals affirmed an order adjudicating a juvenile delinquent based on a lesser included offense than the one originally charged in the petition. The court held that Family Courts have the authority to adjudicate a youth as a juvenile delinquent based on a lesser included crime, even if that crime was not explicitly stated in the petition. The court reasoned that Section 345.1(2) of the Family Court Act does not preclude judges from considering lesser included crimes, and that Section 321.2 allows judges to accept admissions to lesser included crimes, indicating legislative intent to permit adjudications based on such offenses.
Facts
A juvenile delinquency petition was filed against Michael W. charging him with assault in the second degree. The Family Court ultimately found that Michael W. committed the lesser included crime of assault in the third degree.
Procedural History
The Family Court adjudicated Michael W. a juvenile delinquent based on the lesser included offense. The Appellate Division affirmed the Family Court’s decision. Michael W. appealed to the New York Court of Appeals.
Issue(s)
- Whether the Family Court can base a juvenile delinquency adjudication on a finding that the accused committed a lesser included crime of the crime charged in the petition?
Holding
- Yes, because the Family Court has long been recognized as possessing the authority to adjudicate a youth a juvenile delinquent based upon a finding that a lesser included crime, not specifically charged in the petition, has been committed.
Court’s Reasoning
The Court of Appeals held that the Family Court acted properly in adjudicating Michael W. a juvenile delinquent based upon a finding that he had committed a lesser included crime. The court reasoned that this practice has been recognized for a long time, citing Matter of Raymond O., 31 NY2d 730, 731. The court rejected the argument that section 345.1(2) of the Family Court Act requires a different result. The court stated that this section has been part of the Family Court Act since 1962, yet it has never been construed as precluding Family Court Judges from considering whether a respondent in a juvenile delinquency proceeding has committed a lesser included crime.
The Court further noted that the appellant’s position is difficult to reconcile with section 321.2 of the Family Court Act, which specifically empowers Family Court Judges to accept admissions to lesser included crimes. As the Appellate Division aptly noted, the Legislature could not have intended to deny Family Court Judges the authority to base juvenile delinquency adjudications upon a finding that a lesser included crime, when it specifically authorized them to accept admissions to such crimes.
The court in Matter of Raymond O. (31 NY2d 730, 731) stated: “The fact that the petition charged acts which, if proven, would constitute a felony does not preclude the court from finding that the acts established the commission of a lesser included offense constituting only a misdemeanor.” This principle underscores the Family Court’s flexibility in considering lesser included offenses.