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IN RE: SHACORA D., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 21, 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 assault in the second degree and menacing in the third degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations regarding credibility (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112 [1903] ).
The placement was a proper exercise of the court's discretion that constituted the least restrictive alternative consistent with the needs of respondent and the community (see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ), particularly in view of her prior juvenile delinquency adjudication and the apparent inability of her mother to control her in the community.
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Decided: October 24, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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