In re Marlon C.

Appellate Division of the Supreme Court of New York

In re Marlon C.

112 A.D.3d 521, 976 N.Y.S.2d 661

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

DecidedDecember 19, 2013

StatusPublished

This text of 112 A.D.3d 521 (In re Marlon C.) 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 Marlon C., 112 A.D.3d 521, 976 N.Y.S.2d 661 (N.Y. Ct. App. 2013).

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Opinion

Order of disposition, Family Court, New York County (Clark Y. Richardson, J.), entered on or about April 3, 2013, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The placement was a proper exercise of the court’s discretion, and it constituted the least restrictive alternative consistent with appellant’s needs and best interests, and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). The underlying offense was a serious, violent attack involving a weapon. Furthermore, appellant displayed a pattern of aggressive behavior, and the court had ample information indicating that appellant was not a suitable candidate for a community-based program.

We have considered and rejected appellant’s remaining claims. Concur — Tom, J.E, Andrias, Saxe, DeGrasse and Richter, JJ.

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Order of disposition, Family Court, New York County (Clark Y. Richardson, J.), entered on or about April 3, 2013, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The placement was a proper exercise of the court’s discretion, and it constituted the least restrictive alternative consistent with appellant’s needs and best interests, and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). The underlying offense was a serious, violent attack involving a weapon. Furthermore, appellant displayed a pattern of aggressive behavior, and the court had ample information indicating that appellant was not a suitable candidate for a community-based program.

We have considered and rejected appellant’s remaining claims. Concur — Tom, J.E, Andrias, Saxe, DeGrasse and Richter, JJ.

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Bluebook (online)

112 A.D.3d 521, 976 N.Y.S.2d 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marlon-c-nyappdiv-2013.

Opinion

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