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Matter of Christopher

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1993
198 A.D.2d 120 (N.Y. App. Div. 1993)

Opinion

November 16, 1993

Appeal from the Family Court, New York County (George L. Jurow, J.).


The court properly determined that appellant's guilty plea was legally sufficient to support the charge based upon appellant's admission that he was in the car without the consent of the owner (see, People v Roby, 39 N.Y.2d 69).

Appellant's challenge to the order of placement is moot as he has already completed his period of confinement (Matter of Darryl G., 184 A.D.2d 204, 205). In any event, it is without merit, since appellant, in the presence of his mother and after consultation with counsel, knowingly and voluntarily consented to immediate placement and expressly waived a probation or mental health report for the purpose of disposition. Further, the court had been sufficiently apprised of the factors relevant to appellant's background and status (see, People v Brand, 138 A.D.2d 966, 967, lv denied 71 N.Y.2d 966). The court also did not abuse its discretion in determining that placement was the least restrictive alternative based upon appellant's extensive history of juvenile delinquency, truancy, and inadequate parental supervision (Family Ct Act § 352.2 [a]; see, Matter of Katherine W., 62 N.Y.2d 947).

Concur — Sullivan, J.P., Ross, Kassal, Rubin and Nardelli, JJ.


Summaries of

Matter of Christopher

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1993
198 A.D.2d 120 (N.Y. App. Div. 1993)
Case details for

Matter of Christopher

Case Details

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

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

Date published: Nov 16, 1993

Citations

198 A.D.2d 120 (N.Y. App. Div. 1993)
605 N.Y.S.2d 843

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