In re Monique R.

Appellate Division of the Supreme Court of New York

In re Monique R.

61 A.D.3d 412, 875 N.Y.S.2d 888

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

DecidedApril 2, 2009

StatusPublished

Cited by1 cases

This text of 61 A.D.3d 412 (In re Monique R.) 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 Monique R., 61 A.D.3d 412, 875 N.Y.S.2d 888 (N.Y. Ct. App. 2009).

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Opinion

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about June 23, 2008, which adjudicated appellant a juvenile delinquent, upon her admission that she committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her on probation for a period of 12 months. This was the least restrictive alternative consistent with her needs in light of, among other things, the violent nature of the offense, her significant truancy, her involvement with drugs and the recommendation contained in the probation report. The court properly concluded that appellant was in need of supervision and treatment for a longer period than six months, which would have been the maximum period available under an adjournment in contemplation of dismissal (see e.g. Matter of Antonio C., 294 AD2d 123 [2002]). Concur—Mazzarelli, J.E, Friedman, Moskowitz and Acosta, JJ.

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Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about June 23, 2008, which adjudicated appellant a juvenile delinquent, upon her admission that she committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her on probation for a period of 12 months. This was the least restrictive alternative consistent with her needs in light of, among other things, the violent nature of the offense, her significant truancy, her involvement with drugs and the recommendation contained in the probation report. The court properly concluded that appellant was in need of supervision and treatment for a longer period than six months, which would have been the maximum period available under an adjournment in contemplation of dismissal (see e.g. Matter of Antonio C., 294 AD2d 123 [2002]). Concur—Mazzarelli, J.E, Friedman, Moskowitz and Acosta, JJ.

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Bluebook (online)

61 A.D.3d 412, 875 N.Y.S.2d 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-monique-r-nyappdiv-2009.

Opinion

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