In re Ellas A.

Appellate Division of the Supreme Court of New York

In re Ellas A.

61 A.D.3d 425, 875 N.Y.S.2d 794

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

DecidedApril 7, 2009

StatusPublished

Cited by1 cases

This text of 61 A.D.3d 425 (In re Ellas 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 Ellas A., 61 A.D.3d 425, 875 N.Y.S.2d 794 (N.Y. Ct. App. 2009).

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Opinion

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about June 20, 2008, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing him on probation for a period of 12 months. This was the least restrictive alternative, given the violent nature of the offense, in which appellant deliberately cut another child’s neck, along with appellant’s history of aggressive conduct leading to treatment beginning two years earlier and his continued need to control his anger. The court was not required to grant his request for an adjournment in contemplation of dismissal (ACD) or a conditional discharge merely because this was his first arrest (see Matter of Nikita P., 3 AD3d 499, 501 [2004]). Appellant’s argument that he could have received the same therapy with an ACD as with probation is unpersuasive; the court properly concluded that appellant was in need of supervision and treatment for a longer period than six months, which would have been the maximum period available under an ACD (see e.g. Matter of Antonio C., 294 AD2d 123 [2002]). Concur—Andrias, J.E, Friedman, McGuire and Moskowitz, JJ.

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Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about June 20, 2008, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing him on probation for a period of 12 months. This was the least restrictive alternative, given the violent nature of the offense, in which appellant deliberately cut another child’s neck, along with appellant’s history of aggressive conduct leading to treatment beginning two years earlier and his continued need to control his anger. The court was not required to grant his request for an adjournment in contemplation of dismissal (ACD) or a conditional discharge merely because this was his first arrest (see Matter of Nikita P., 3 AD3d 499, 501 [2004]). Appellant’s argument that he could have received the same therapy with an ACD as with probation is unpersuasive; the court properly concluded that appellant was in need of supervision and treatment for a longer period than six months, which would have been the maximum period available under an ACD (see e.g. Matter of Antonio C., 294 AD2d 123 [2002]). Concur—Andrias, J.E, Friedman, McGuire and Moskowitz, JJ.

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Bluebook (online)

61 A.D.3d 425, 875 N.Y.S.2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ellas-a-nyappdiv-2009.

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