Matter of Anyi M.

Appellate Division of the Supreme Court of New York

Matter of Anyi M.

2017 NY Slip Op 4567, 151 A.D.3d 500, 53 N.Y.S.3d 542

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

DecidedJune 8, 2017

Docket4220

StatusPublished

This text of 2017 NY Slip Op 4567 (Matter of Anyi 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

Matter of Anyi M., 2017 NY Slip Op 4567, 151 A.D.3d 500, 53 N.Y.S.3d 542 (N.Y. Ct. App. 2017).

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Opinion

Order of disposition, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about April 8, 2016, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal trespass in the second degree, and imposed a conditional discharge until December 31, 2016, unanimously affirmed, without costs.

The court providently exercised its discretion in denying appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the offense, which involved a residential burglary and the theft of valuable property, as well as negative factors in appellant’s background. Furthermore, the court offered to reconsider this disposition if appellant complied with the terms of his conditional discharge (see Matter of Adabel D., 127 AD3d 604 [1st Dept 2015]).

Concur — Friedman, J.P., Gische, Kapnick, Kahn and Gesmer, JJ.

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Order of disposition, Family Court, New York County (Adetokunbo O. Fasanya, J.), entered on or about April 8, 2016, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of criminal trespass in the second degree, and imposed a conditional discharge until December 31, 2016, unanimously affirmed, without costs.

The court providently exercised its discretion in denying appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the offense, which involved a residential burglary and the theft of valuable property, as well as negative factors in appellant’s background. Furthermore, the court offered to reconsider this disposition if appellant complied with the terms of his conditional discharge (see Matter of Adabel D., 127 AD3d 604 [1st Dept 2015]).

Concur — Friedman, J.P., Gische, Kapnick, Kahn and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 4567, 151 A.D.3d 500, 53 N.Y.S.3d 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-anyi-m-nyappdiv-2017.

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