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In the Matter of Rosemary R

Appellate Division of the Supreme Court of New York, First Department
May 2, 2006
29 A.D.3d 309 (N.Y. App. Div. 2006)

Opinion

8445.

May 2, 2006.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 5, 2005, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of obstructing governmental administration in the second degree and resisting arrest, and placed her with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

Presentment Agency Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Grace Goodman of counsel), for presentment agency.

Before: Buckley, P.J., Andrias, Nardelli, Sweeny and McGuire, JJ.


The court properly adjudicated appellant a juvenile delinquent rather than a person in need of supervision ( see Family Ct Act § 311.4), in view of such factors as the violent nature of the underlying incident and appellant's misbehavior at home, truancy, substance abuse problems and association with violent gangs. Similarly, its placement of appellant was an appropriate exercise of discretion, constituting the least restrictive alternative consistent with appellant's needs and those of the community ( see Matter of Katherine W., 62 NY2d 947).


Summaries of

In the Matter of Rosemary R

Appellate Division of the Supreme Court of New York, First Department
May 2, 2006
29 A.D.3d 309 (N.Y. App. Div. 2006)
Case details for

In the Matter of Rosemary R

Case Details

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

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

Date published: May 2, 2006

Citations

29 A.D.3d 309 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 3455
813 N.Y.S.2d 300

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