In re Victor M.

Appellate Division of the Supreme Court of New York

In re Victor M.

243 A.D.2d 309, 663 N.Y.S.2d 34, 1997 N.Y. App. Div. LEXIS 9746

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

DecidedOctober 14, 1997

StatusPublished

Cited by3 cases

This text of 243 A.D.2d 309 (In re Victor M.) 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 Victor M., 243 A.D.2d 309, 663 N.Y.S.2d 34, 1997 N.Y. App. Div. LEXIS 9746 (N.Y. Ct. App. 1997).

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Opinion

Order of disposition, Family Court, Bronx County (Maijory Fields, J.), entered on or about July 23, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed him with the Division for Youth for a period of up to 18 months, unanimously modified, on the law, to the extent of crediting appellant for the 35 days served in pre-disposition detention, and otherwise affirmed, without costs.

As the presentment agency concedes, the Family Court violated Family Court Act § 353.3 (5) by deleting that portion of the pre-printed order of disposition that automatically credited appellant with pre-placement detention time without making a record that such credit would not serve appellant’s needs or best interests or, in the alternative, would not serve the needs and interests of the community (Matter of Wayne S., 193 AD2d 371). Therefore, appellant is entitled to credit for time served in pre-disposition detention. Concur—Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.

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Order of disposition, Family Court, Bronx County (Maijory Fields, J.), entered on or about July 23, 1996, which adjudicated appellant a juvenile delinquent, following a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed him with the Division for Youth for a period of up to 18 months, unanimously modified, on the law, to the extent of crediting appellant for the 35 days served in pre-disposition detention, and otherwise affirmed, without costs.

As the presentment agency concedes, the Family Court violated Family Court Act § 353.3 (5) by deleting that portion of the pre-printed order of disposition that automatically credited appellant with pre-placement detention time without making a record that such credit would not serve appellant’s needs or best interests or, in the alternative, would not serve the needs and interests of the community (Matter of Wayne S., 193 AD2d 371). Therefore, appellant is entitled to credit for time served in pre-disposition detention. Concur—Milonas, J. P., Wallach, Williams, Tom and Mazzarelli, JJ.

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Bluebook (online)

243 A.D.2d 309, 663 N.Y.S.2d 34, 1997 N.Y. App. Div. LEXIS 9746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-victor-m-nyappdiv-1997.

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