In an unusual case, a 15-year-old Niagara Falls boy has been charged as an adult with first-degree criminal sexual act. Michael V. Brandon of Garden Avenue pleaded not guilty in Niagara County Court this week.
However, Assistant District Attorney Elizabeth R. Donatello said Thursday that if Brandon eventually accepts a plea bargain to a lesser charge, the case would be shifted to Family Court and he would be sentenced there as a juvenile.
A grand jury indicted Brandon on the charge, formerly known as first-degree sodomy, accusing him of sexual contact with a younger boy sometime in February or March in Niagara Falls. Brandon was arrested April 6.
"The conduct can only be charged as an adult. There is no juvenile equivalent," Donatello said. She said only if the case were to go to trial and Brandon is convicted as originally charged would he be sentenced as an adult in County Court.