In re Kaina M.

Appellate Division of the Supreme Court of New York

In re Kaina M.

89 A.D.3d 430, 931 N.Y.2d 863

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

DecidedNovember 1, 2011

StatusPublished

This text of 89 A.D.3d 430 (In re Kaina 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 Kaina M., 89 A.D.3d 430, 931 N.Y.2d 863 (N.Y. Ct. App. 2011).

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Opinion

The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and imposed a conditional discharge. Given the seriousness of the underlying assault, which outweighed positive factors in appellant’s background, this was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]).

The incident took place in a school, involved a weapon, and resulted in significant injuries to a fellow student, requiring six staples and 12 stitches. Concur — Friedman, J.P, Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ.

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The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and imposed a conditional discharge. Given the seriousness of the underlying assault, which outweighed positive factors in appellant’s background, this was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]).

The incident took place in a school, involved a weapon, and resulted in significant injuries to a fellow student, requiring six staples and 12 stitches. Concur — Friedman, J.P, Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ.

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Bluebook (online)

89 A.D.3d 430, 931 N.Y.2d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kaina-m-nyappdiv-2011.

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