Matter of Tyrese C.

Appellate Division of the Supreme Court of New York

Matter of Tyrese C.

2017 NY Slip Op 3598, 150 A.D.3d 416, 51 N.Y.S.3d 399

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

DecidedMay 4, 2017

Docket3885

StatusPublished

This text of 2017 NY Slip Op 3598 (Matter of Tyrese C.) 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 Tyrese C., 2017 NY Slip Op 3598, 150 A.D.3d 416, 51 N.Y.S.3d 399 (N.Y. Ct. App. 2017).

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Opinion

Order of disposition, Family Court, New York County (Adetokunbo Fasanya, J.), entered on or about February 25, 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 assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court providently exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal. Probation 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]). The court reasonably found that the level and duration of supervision afforded by a probationary disposition was necessitated by the seriousness of the underlying act of violence and appellant’s behavioral issues, including marijuana abuse.

Concur—Sweeny, J.P., Gische, Kahn and Gesmer, JJ.

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Order of disposition, Family Court, New York County (Adetokunbo Fasanya, J.), entered on or about February 25, 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 assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court providently exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal. Probation 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]). The court reasonably found that the level and duration of supervision afforded by a probationary disposition was necessitated by the seriousness of the underlying act of violence and appellant’s behavioral issues, including marijuana abuse.

Concur—Sweeny, J.P., Gische, Kahn and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 3598, 150 A.D.3d 416, 51 N.Y.S.3d 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-tyrese-c-nyappdiv-2017.

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