In re Julius M.

Appellate Division of the Supreme Court of New York

In re Julius M.

4 A.D.3d 799, 771 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 1375

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

DecidedFebruary 11, 2004

StatusPublished

This text of 4 A.D.3d 799 (In re Julius 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.

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In re Julius M., 4 A.D.3d 799, 771 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 1375 (N.Y. Ct. App. 2004).

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from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered March 21, 2003. The order, inter alia, committed respondent to the custody of the Commissioner of Mental Retardation and Developmental Disabilities for an initial period not to exceed one year.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Following its determination that respondent is an incapacitated person, Family Court found that there is probable cause to believe that he committed one of the felonies alleged in the juvenile delinquency petition, i.e., sodomy in the first degree (Penal Law former § 130.50 [3]; see Family Ct Act § 322.2 [5] [a]). Contrary to the contention of respondent, the court properly relied on his admissions, along with the testimony of the victim, in making that finding (see Family Ct Act § 325.2 [3]). Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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from an order of the Family Court, Genesee County (Eric R. Adams, J.), entered March 21, 2003. The order, inter alia, committed respondent to the custody of the Commissioner of Mental Retardation and Developmental Disabilities for an initial period not to exceed one year.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Following its determination that respondent is an incapacitated person, Family Court found that there is probable cause to believe that he committed one of the felonies alleged in the juvenile delinquency petition, i.e., sodomy in the first degree (Penal Law former § 130.50 [3]; see Family Ct Act § 322.2 [5] [a]). Contrary to the contention of respondent, the court properly relied on his admissions, along with the testimony of the victim, in making that finding (see Family Ct Act § 325.2 [3]). Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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4 A.D.3d 799, 771 N.Y.S.2d 439, 2004 N.Y. App. Div. LEXIS 1375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-julius-m-nyappdiv-2004.

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