In re Akilino R.

Appellate Division of the Supreme Court of New York

In re Akilino R.

83 A.D.3d 578, 921 N.Y.S.2d 70

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 26, 2011

StatusPublished

This text of 83 A.D.3d 578 (In re Akilino R.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Akilino R., 83 A.D.3d 578, 921 N.Y.S.2d 70 (N.Y. Ct. App. 2011).

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Opinion

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 3, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquent and imposed a period of probation. The court adopted the least restrictive dispositional alternative consistent with appellant’s needs and the needs of the community (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the offense and appellant’s poor school record. Appellant brought a knife to school and brandished it at a schoolmate, which resulted in injury to the other boy. Concur—Mazzarelli, J.P., Renwick, DeGrasse, Freedman and Richter, JJ.

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Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 3, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquent and imposed a period of probation. The court adopted the least restrictive dispositional alternative consistent with appellant’s needs and the needs of the community (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the offense and appellant’s poor school record. Appellant brought a knife to school and brandished it at a schoolmate, which resulted in injury to the other boy. Concur—Mazzarelli, J.P., Renwick, DeGrasse, Freedman and Richter, JJ.

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Bluebook (online)

83 A.D.3d 578, 921 N.Y.S.2d 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-akilino-r-nyappdiv-2011.

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