In re Maurice P.

Appellate Division of the Supreme Court of New York

In re Maurice P.

302 A.D.2d 319, 754 N.Y.S.2d 875, 2003 N.Y. App. Div. LEXIS 1776

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

DecidedFebruary 27, 2003

StatusPublished

This text of 302 A.D.2d 319 (In re Maurice P.) 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 Maurice P., 302 A.D.2d 319, 754 N.Y.S.2d 875, 2003 N.Y. App. Div. LEXIS 1776 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about November 27, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the third degree, attempted grand larceny in the fourth degree, menacing in the second and third degrees, criminal possession of a weapon in the fourth degree, attempted assault in the third degree, and possession of imitation firearms, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously modified, on the law, to the extent of crediting appellant for 54 days served in predisposition detention, and otherwise affirmed, without costs.

As the presentment agency concedes, there was no finding by the court that crediting appellant with time spent in detention prior to the commencement of placement would not serve the [320]*320needs and best interest of the appellant or the need for protection of the community. Therefore, appellant is entitled to credit for that time (Family Ct Act § 353.3 [5]; Matter of Dwayne R., 291 AD2d 325 [2002]). Concur — Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about November 27, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the third degree, attempted grand larceny in the fourth degree, menacing in the second and third degrees, criminal possession of a weapon in the fourth degree, attempted assault in the third degree, and possession of imitation firearms, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously modified, on the law, to the extent of crediting appellant for 54 days served in predisposition detention, and otherwise affirmed, without costs.

As the presentment agency concedes, there was no finding by the court that crediting appellant with time spent in detention prior to the commencement of placement would not serve the [320]*320needs and best interest of the appellant or the need for protection of the community. Therefore, appellant is entitled to credit for that time (Family Ct Act § 353.3 [5]; Matter of Dwayne R., 291 AD2d 325 [2002]). Concur — Tom, J.P., Andrias, Buckley, Williams and Friedman, JJ.

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Bluebook (online)

302 A.D.2d 319, 754 N.Y.S.2d 875, 2003 N.Y. App. Div. LEXIS 1776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-maurice-p-nyappdiv-2003.

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