I'm not sure about New York but in many states, the victim has no say whether or not charges are pressed against the defendant. It's usually at the sole discretion of the District Attorney.

That being said, this is hardly a triable case as the defendant is 5 years old. The DA would have to prove that the kid knew what he was doing enough to have the culpability to commit a crime, then they would have to convince a jury of adults that a kid should face criminal consequences for hacking his dad's xbox account.