In re Savannah D.

Appellate Division of the Supreme Court of New York

In re Savannah D.

94 A.D.3d 675, 943 N.Y.S.2d 83

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

DecidedApril 26, 2012

StatusPublished

This text of 94 A.D.3d 675 (In re Savannah 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 Savannah D., 94 A.D.3d 675, 943 N.Y.S.2d 83 (N.Y. Ct. App. 2012).

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Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 8, 2011, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of attempted assault in the second degree and menacing 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 when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and placed her on probation. That disposition, which was recommended by the Department of Probation, was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). The underlying conduct was serious, in that it involved violent and disruptive behavior at school, culminating in appellant’s attack on a teacher. In addition, appellant’s school record was poor and she was in need of continuing counseling services Concur — Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 8, 2011, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of attempted assault in the second degree and menacing 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 when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and placed her on probation. That disposition, which was recommended by the Department of Probation, was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). The underlying conduct was serious, in that it involved violent and disruptive behavior at school, culminating in appellant’s attack on a teacher. In addition, appellant’s school record was poor and she was in need of continuing counseling services Concur — Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ.

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Bluebook (online)

94 A.D.3d 675, 943 N.Y.S.2d 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-savannah-d-nyappdiv-2012.

Opinion

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