In re Shacora D.

Appellate Division of the Supreme Court of New York

In re Shacora D.

33 A.D.3d 510, 822 N.Y.S.2d 536

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

DecidedOctober 24, 2006

StatusPublished

This text of 33 A.D.3d 510 (In re Shacora 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 Shacora D., 33 A.D.3d 510, 822 N.Y.S.2d 536 (N.Y. Ct. App. 2006).

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Opinion

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 21, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and menacing in the third degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations regarding credibility (see People v Gaimari, 176 NY 84, 94 [1903]).

The placement was a proper exercise of the court’s discretion that constituted the least restrictive alternative consistent with the needs of respondent and the community (see Matter of Katherine W, 62 NY2d 947 [1984]), particularly in view of her prior juvenile delinquency adjudication and the apparent inability of her mother to control her in the community. Concur—Tom, J.E, Saxe, Friedman, Sullivan and McGuire, JJ.

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Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 21, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and menacing in the third degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations regarding credibility (see People v Gaimari, 176 NY 84, 94 [1903]).

The placement was a proper exercise of the court’s discretion that constituted the least restrictive alternative consistent with the needs of respondent and the community (see Matter of Katherine W, 62 NY2d 947 [1984]), particularly in view of her prior juvenile delinquency adjudication and the apparent inability of her mother to control her in the community. Concur—Tom, J.E, Saxe, Friedman, Sullivan and McGuire, JJ.

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Bluebook (online)

33 A.D.3d 510, 822 N.Y.S.2d 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-shacora-d-nyappdiv-2006.

Opinion

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