In re Kavon B.

Appellate Division of the Supreme Court of New York

In re Kavon B.

51 A.D.3d 570, 859 N.Y.S.2d 58

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

DecidedMay 27, 2008

StatusPublished

This text of 51 A.D.3d 570 (In re Kavon B.) 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 Kavon B., 51 A.D.3d 570, 859 N.Y.S.2d 58 (N.Y. Ct. App. 2008).

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Opinion

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about October 3, 2007, which adjudicated appellant a person in need of supervision, upon a fact-finding determination that appellant committed acts, which, if committed by an adult, would constitute criminal sexual act in the first degree and sexual misconduct, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant’s motion to dismiss the petition in furtherance of justice, and instead placed him on probation while substituting a person in need of supervision adjudication for appellant’s juvenile delinquency adjudication. In light of the seriousness of the underlying incident, appellant’s need for therapy, and the unlikelihood of his receiving proper therapy without court intervention, this disposition was the least restrictive alternative consistent with appellant’s needs (see e.g. Matter of Jonaivy Q., 286 AD2d 645 [2001]). Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and DeGrasse, JJ.

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Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about October 3, 2007, which adjudicated appellant a person in need of supervision, upon a fact-finding determination that appellant committed acts, which, if committed by an adult, would constitute criminal sexual act in the first degree and sexual misconduct, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant’s motion to dismiss the petition in furtherance of justice, and instead placed him on probation while substituting a person in need of supervision adjudication for appellant’s juvenile delinquency adjudication. In light of the seriousness of the underlying incident, appellant’s need for therapy, and the unlikelihood of his receiving proper therapy without court intervention, this disposition was the least restrictive alternative consistent with appellant’s needs (see e.g. Matter of Jonaivy Q., 286 AD2d 645 [2001]). Concur—Andrias, J.P., Saxe, Sweeny, Moskowitz and DeGrasse, JJ.

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Bluebook (online)

51 A.D.3d 570, 859 N.Y.S.2d 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kavon-b-nyappdiv-2008.

Opinion

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