In re Mike D.

Appellate Division of the Supreme Court of New York

In re Mike D.

102 A.D.3d 418, 955 N.Y.S.2d 881

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

DecidedJanuary 3, 2013

StatusPublished

This text of 102 A.D.3d 418 (In re Mike D.) 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 Mike D., 102 A.D.3d 418, 955 N.Y.S.2d 881 (N.Y. Ct. App. 2013).

Pincite

Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 21, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a weapon in the fourth degree, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Family Court providently exercised its discretion in adjudicating appellant a juvenile delinquent and imposing probation, in view of the seriousness of the offense, appellant’s chronic truancy, his prior gang affiliation and drug use, his mother’s inadequate supervision and his failure to accept responsibility for his actions (Matter of Akeem B., 81 AD3d 512 [1st Dept 2011]). We note that the adjudication is based on a finding that appellant, while wearing a ski mask and carrying a knife, was part of a group of four who surrounded another teenager. Concur—Friedman, J.P., Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 21, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of criminal possession of a weapon in the fourth degree, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Family Court providently exercised its discretion in adjudicating appellant a juvenile delinquent and imposing probation, in view of the seriousness of the offense, appellant’s chronic truancy, his prior gang affiliation and drug use, his mother’s inadequate supervision and his failure to accept responsibility for his actions (Matter of Akeem B., 81 AD3d 512 [1st Dept 2011]). We note that the adjudication is based on a finding that appellant, while wearing a ski mask and carrying a knife, was part of a group of four who surrounded another teenager. Concur—Friedman, J.P., Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

102 A.D.3d 418, 955 N.Y.S.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mike-d-nyappdiv-2013.

Opinion

Related

Cite This Page — Counsel Stack