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Matter of Steven

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1996
230 A.D.2d 745 (N.Y. App. Div. 1996)

Opinion

August 5, 1996


In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Fitzmaurice, J.), dated April 12, 1995, which, upon a fact-finding order of the same court, dated January 18, 1995, made upon the appellant's admission, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crime of menacing in the third degree, adjudged him to be a juvenile delinquent, and placed him on probation.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court did not improvidently exercise its discretion in ordering a one-year period of probation, particularly in view of the nature of the incident and appellant's poor school attendance and performance record (see, Matter of Nikkia C., 187 A.D.2d 581; Matter of Rufino M., 168 A.D.2d 385; Matter of Raymond A., 136 A.D.2d 700). "Further, the fact that this was appellant's only contact with the law is not dispositive" (Matter of Rufino M., supra, at 386; see also, Matter of Jennifer M., 125 A.D.2d 830). Miller, J.P., O'Brien, Sullivan and Altman, JJ., concur.


Summaries of

Matter of Steven

Appellate Division of the Supreme Court of New York, Second Department
Aug 5, 1996
230 A.D.2d 745 (N.Y. App. Div. 1996)
Case details for

Matter of Steven

Case Details

Full title:In the Matter of STEVEN R., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 5, 1996

Citations

230 A.D.2d 745 (N.Y. App. Div. 1996)
646 N.Y.S.2d 60

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