Matter of Nazaray McK.

Appellate Division of the Supreme Court of New York

Matter of Nazaray McK.

123 A.D.3d 480, 998 N.Y.S.2d 356

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

DecidedDecember 9, 2014

Docket13710

StatusPublished

This text of 123 A.D.3d 480 (Matter of Nazaray McK.) 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 Nazaray McK., 123 A.D.3d 480, 998 N.Y.S.2d 356 (N.Y. Ct. App. 2014).

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Opinion

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about May 8, 2013, which adjudicated appellant a juvenile delinquent, upon her admission that she committed an act that, if committed by an adult, would constitute the crime of unauthorized use of a vehicle 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 motion to convert the juvenile delinquency petition into a person in need of supervision petition (see e.g. Matter of Diana P., 49 AD3d 390 [1st Dept 2008]). Appellant’s pattern of misconduct went far beyond disobedience to her parents. Appellant drove her parents’ car without permission, thereby endangering other persons including her passenger. In addition, defendant used alcohol and marijuana, and her behavior at school and at home was generally poor, notwithstanding some degree of improvement.

Concur — Sweeny, J.P., DeGrasse, Manzanet-Daniels and Gische, JJ.

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Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about May 8, 2013, which adjudicated appellant a juvenile delinquent, upon her admission that she committed an act that, if committed by an adult, would constitute the crime of unauthorized use of a vehicle 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 motion to convert the juvenile delinquency petition into a person in need of supervision petition (see e.g. Matter of Diana P., 49 AD3d 390 [1st Dept 2008]). Appellant’s pattern of misconduct went far beyond disobedience to her parents. Appellant drove her parents’ car without permission, thereby endangering other persons including her passenger. In addition, defendant used alcohol and marijuana, and her behavior at school and at home was generally poor, notwithstanding some degree of improvement.

Concur — Sweeny, J.P., DeGrasse, Manzanet-Daniels and Gische, JJ.

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Bluebook (online)

123 A.D.3d 480, 998 N.Y.S.2d 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-nazaray-mck-nyappdiv-2014.

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