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

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

DecidedMay 15, 2003

StatusPublished

This text of 305 A.D.2d 225 (In re Jenny M.) 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 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).

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Opinion

Order of disposi[226]*226tion, 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.

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Order of disposi[226]*226tion, 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.

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Bluebook (online)

305 A.D.2d 225, 758 N.Y.S.2d 491, 2003 N.Y. App. Div. LEXIS 5530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jenny-m-nyappdiv-2003.

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