In re Jenny M.

Appellate Division of the Supreme Court of New York

In re Jenny M.

305 A.D.2d 225, 758 N.Y.S.2d 491, 2003 N.Y. App. Div. LEXIS 5530

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 2003·Published

Opinion

Order of disposi[226] tion, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 1, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of criminal contempt in the second degree and criminal trespass in the second degree, and placed her with the State Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

The delinquency petition impermissibly charged appellant with conduct constituting a violation of a prior order issued against appellant in a person in need of supervision proceeding. As the presentment agency concedes, this case is indistinguishable from Matter of Edwin G. (296 AD2d 7 [2002]) and appellant is entitled to dismissal of the petition. Concur — Nardelli, J.P., Mazzarelli, Wallach, Friedman and Marlow, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposi[226] tion, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 1, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of criminal contempt in the second degree and criminal trespass in the second degree, and placed her with the State Office of Children and Family Services for a period of 12 months, unanimously reversed, on the law, without costs, and the petition dismissed.

The delinquency petition impermissibly charged appellant with conduct constituting a violation of a prior order issued against appellant in a person in need of supervision proceeding. As the presentment agency concedes, this case is indistinguishable from Matter of Edwin G. (296 AD2d 7 [2002]) and appellant is entitled to dismissal of the petition. Concur — Nardelli, J.P., Mazzarelli, Wallach, Friedman and Marlow, JJ.

In re Jenny M., 305 A.D.2d 225, 758 N.Y.S.2d 491, 2003 N.Y. App. Div. LEXIS 5530 (N.Y. Ct. App. 2003).

Pincite

305 A.D.2d 225 (In re Jenny M.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related