Matter of Remy J.

Appellate Division of the Supreme Court of New York

Matter of Remy J.

126 A.D.3d 592, 3 N.Y.S.3d 591

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

DecidedMarch 24, 2015

Docket14584 14583

StatusPublished

This text of 126 A.D.3d 592 (Matter of Remy J.) 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 Remy J., 126 A.D.3d 592, 3 N.Y.S.3d 591 (N.Y. Ct. App. 2015).

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Opinion

Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about December 19, 2013, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts that, if committed by an adult, would constitute the crimes of menacing in the third degree and criminal mischief in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s request to convert the juvenile delinquency proceeding into a person in need of supervision proceeding (see e.g. Matter of Steven O., 89 AD3d 573 [1st Dept 2011]). A period of probation was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection, given the violent nature of the underlying incidents, as well as appellant’s prior violent acts and general misbehavior at home and school, lack of remorse, truancy and drug use.

Concur— Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Orders of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about December 19, 2013, which adjudicated appellant a juvenile delinquent upon his admission that he committed acts that, if committed by an adult, would constitute the crimes of menacing in the third degree and criminal mischief in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s request to convert the juvenile delinquency proceeding into a person in need of supervision proceeding (see e.g. Matter of Steven O., 89 AD3d 573 [1st Dept 2011]). A period of probation was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection, given the violent nature of the underlying incidents, as well as appellant’s prior violent acts and general misbehavior at home and school, lack of remorse, truancy and drug use.

Concur— Mazzarelli, J.P., Friedman, Sweeny, Gische and Kapnick, JJ.

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Bluebook (online)

126 A.D.3d 592, 3 N.Y.S.3d 591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-remy-j-nyappdiv-2015.

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