Matter of Shayolanda M.

Appellate Division of the Supreme Court of New York

Matter of Shayolanda M.

120 A.D.3d 1130, 992 N.Y.S.2d 422

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

DecidedSeptember 25, 2014

Docket13016

StatusPublished

This text of 120 A.D.3d 1130 (Matter of Shayolanda 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 Shayolanda M., 120 A.D.3d 1130, 992 N.Y.S.2d 422 (N.Y. Ct. App. 2014).

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Opinion

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 25, 2014, 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 criminal possession of stolen property in the fifth degree, and placed her with the Administration for Children’s Services’ Close to Home Program for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her with the Close to Home Program rather than ordering an adjournment in contemplation of dismissal (ACD). This was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). Appellant had already received an ACD and a juvenile delinquency adjudication as the result of prior arrests. Furthermore, among other things, appellant has a history of violent and aggressive behavior, she demonstrated a pattern of truancy and absconding from placement facilities, her home life was unstable and lacking proper adult supervision, and she was not compliant with regard to taking psychiatric medications.

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

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Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about February 25, 2014, 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 criminal possession of stolen property in the fifth degree, and placed her with the Administration for Children’s Services’ Close to Home Program for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing her with the Close to Home Program rather than ordering an adjournment in contemplation of dismissal (ACD). This was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). Appellant had already received an ACD and a juvenile delinquency adjudication as the result of prior arrests. Furthermore, among other things, appellant has a history of violent and aggressive behavior, she demonstrated a pattern of truancy and absconding from placement facilities, her home life was unstable and lacking proper adult supervision, and she was not compliant with regard to taking psychiatric medications.

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

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Bluebook (online)

120 A.D.3d 1130, 992 N.Y.S.2d 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-shayolanda-m-nyappdiv-2014.

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