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

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
Contributor
Bryon Gross
Rochester, New York
Personal Injury

About
Bryon W. Gross has practiced law in Massachusetts (1991), Connecticut (1992), D.C. (1998) and New York (1999). Further, he is also admitted to numerous Federal Courts.