In re Davina A..

Appellate Division of the Supreme Court of New York

In re Davina A..

112 A.D.3d 443, 975 N.Y.S.2d 875

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

DecidedDecember 5, 2013

StatusPublished

This text of 112 A.D.3d 443 (In re Davina A..) 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 Davina A.., 112 A.D.3d 443, 975 N.Y.S.2d 875 (N.Y. Ct. App. 2013).

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Opinion

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about November 29, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, attempted assault in the third degree, and that she also committed the act of unlawful possession of a weapon by a person under 16, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The victim’s testimony established each of the charged offenses.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her on probation rather than adjudicating her a person in need of supervision. [444]*444This was the least restrictive dispositional alternative consistent with appellant’s needs a::.d the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), in view of appellant’s violent conduct in the underlying incident, which included threatening her mother with a knife, as well as appellant’s history of violence and other misconduct (see e.g. Matter of Jade Q., 41 AD3d 327 [1st Dept 2007]). Concur— Mazzarelli, J.E, Sweeny, DeGrasse, Freedman and Gische, JJ.

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Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about November 29, 2012, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, attempted assault in the third degree, and that she also committed the act of unlawful possession of a weapon by a person under 16, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The victim’s testimony established each of the charged offenses.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her on probation rather than adjudicating her a person in need of supervision. [444]*444This was the least restrictive dispositional alternative consistent with appellant’s needs a::.d the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), in view of appellant’s violent conduct in the underlying incident, which included threatening her mother with a knife, as well as appellant’s history of violence and other misconduct (see e.g. Matter of Jade Q., 41 AD3d 327 [1st Dept 2007]). Concur— Mazzarelli, J.E, Sweeny, DeGrasse, Freedman and Gische, JJ.

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Bluebook (online)

112 A.D.3d 443, 975 N.Y.S.2d 875, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-davina-a-nyappdiv-2013.

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