In re James S.

Appellate Division of the Supreme Court of New York

In re James S.

219 A.D.2d 569, 631 N.Y.S.2d 691, 1995 N.Y. App. Div. LEXIS 9629

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

DecidedSeptember 28, 1995

StatusPublished

Cited by1 cases

This text of 219 A.D.2d 569 (In re James S.) 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 James S., 219 A.D.2d 569, 631 N.Y.S.2d 691, 1995 N.Y. App. Div. LEXIS 9629 (N.Y. Ct. App. 1995).

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Opinion

Order of disposition, Family Court, New York County (Bruce Kaplan, J.), entered April 30, 1994, which adjudicated respondent a juvenile delinquent upon his admission that he committed acts which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the fifth degree, and placed him in a limited secure facility with the Division for Youth for a period of up to 18 months, unanimously affirmed, without costs.

For the reasons stated in Matter of Deshone C. (207 AD2d 756, lv denied 85 NY2d 801), there is no merit to respondent’s contention that the petition was jurisdictionally defective. Placement in a limited secure facility was justified by evidence at the dispositional hearing of a history of truancy and behavioral and emotional problems, and a need for intense supervision and control that makes the home of respondent’s relatives an unsuitable alternative (see, Matter of Frank C., 211 AD2d 596). Concur — Rosenberger, J. P., Asch, Williams and Mazzarellli, JJ.

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Order of disposition, Family Court, New York County (Bruce Kaplan, J.), entered April 30, 1994, which adjudicated respondent a juvenile delinquent upon his admission that he committed acts which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the fifth degree, and placed him in a limited secure facility with the Division for Youth for a period of up to 18 months, unanimously affirmed, without costs.

For the reasons stated in Matter of Deshone C. (207 AD2d 756, lv denied 85 NY2d 801), there is no merit to respondent’s contention that the petition was jurisdictionally defective. Placement in a limited secure facility was justified by evidence at the dispositional hearing of a history of truancy and behavioral and emotional problems, and a need for intense supervision and control that makes the home of respondent’s relatives an unsuitable alternative (see, Matter of Frank C., 211 AD2d 596). Concur — Rosenberger, J. P., Asch, Williams and Mazzarellli, JJ.

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Bluebook (online)

219 A.D.2d 569, 631 N.Y.S.2d 691, 1995 N.Y. App. Div. LEXIS 9629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-james-s-nyappdiv-1995.

Opinion

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