From Casetext: Smarter Legal Research

Matter of H., Jamel

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 643 (N.Y. App. Div. 1999)

Opinion

Submitted June 16, 1999

June 28, 1999

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal, as limited by the appellant's brief, is from so much of an order of disposition of the Family Court, Kings County (Elkins, J.), entered May 29, 1998, as, upon a fact-finding order of the same court, dated February 18, 1998, made upon the appellant's admission, finding that he committed an act which, if committed by an adult, would have constituted the crime of assault in the second degree, placed him with the Division for Youth, Title III, for a period of 18 months.

Monica Drinane, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

In determining the appropriate disposition, the Family Court considered, inter alia, the appellant's prior arrest involving a slashing incident similar to the one for which he was adjudicated a juvenile delinquent in the instant proceeding, his school record which indicated that he had been suspended several times for fighting, and the recommendations of psychologists and the probation department that the appellant be placed in a structured and supervised environment. In view of the relevant circumstances, the Family Court providently exercised its discretion in placing the appellant with the Division of Youth for a period of 18 months rather than 12 months ( see, Matter of Juan M., 254 A.D.2d 359; Matter of Henry M., 220 A.D.2d 667; Matter of Eugene S., 200 A.D.2d 574).


Summaries of

Matter of H., Jamel

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 643 (N.Y. App. Div. 1999)
Case details for

Matter of H., Jamel

Case Details

Full title:In the Matter of JAMEL H. (Anonymous), appellant

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

Date published: Jun 28, 1999

Citations

262 A.D.2d 643 (N.Y. App. Div. 1999)
691 N.Y.S.2d 891

Citing Cases

In re Gustan

The Family Court has broad discretion in entering dispositional orders ( see Matter of Melissa B., 49 AD3d…

In re Genny J

Here, both the New York City Department of Probation and the presentment agency recommended that the…