Learn About the Law
Get help with your legal needs
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.
IN RE: ANTHONY “G”,1 Alleged to be a Juvenile Delinquent. Charles B. Nash, as Assistant St. Lawrence County Attorney, Respondent; Anthony “G”, Appellant.
Appeal from an order of the Family Court of St. Lawrence County (Nelson, J.), entered February 18, 1997, which granted petitioner's application, in a proceeding pursuant to Family Court Act article 3, to adjudicate respondent a juvenile delinquent.
Following two separate fact-finding hearings, respondent was found guilty of acts which, if committed by an adult, would constitute two counts of attempted robbery in the second degree and two counts of attempted robbery in the third degree. He was accordingly adjudicated a juvenile delinquent. On appeal, respondent challenges only so much of Family Court's order of disposition as placed him with the Division for Youth for a period of 12 months (cf., Matter of Samuel VV., 217 A.D.2d 863, 629 N.Y.S.2d 843). The order, however, expired on February 11, 1998; accordingly, the instant appeal is moot (see, Matter of Donald MM., 241 A.D.2d 634, 660 N.Y.S.2d 91; Matter of James XX., 229 A.D.2d 628, 629, 644 N.Y.S.2d 861).
In any event, we reject the contention that Family Court abused its broad discretion in fashioning the order of disposition (see, Matter of Craig ZZ., 243 A.D.2d 905, 663 N.Y.S.2d 344; Matter of Errol D., 241 A.D.2d 732, 660 N.Y.S.2d 185, lv. denied 90 N.Y.2d 810, 665 N.Y.S.2d 401, 688 N.E.2d 257). Evidence in the record, including the probation report upon which Family Court heavily relied, discloses that respondent had engaged in a pattern of violent and aggressive behavior (committing six assaults in one year-on two occasions breaking the victims' arms), failed to benefit from intervention efforts, failed to take responsibility or show remorse for any of his actions, and required consistent, professional supervision, as opposed to kinship placement with relatives, to adequately address his problems and protect the community. In these circumstances, Family Court did not abuse its discretion in determining that placement with the Division for Youth was the least restrictive available alternative consistent with respondent's needs and best interests and the need for protection of the community (see, Family Ct.Act § 352.2[2][a] ).
ORDERED that the appeal is dismissed, as moot, without costs.
CARPINELLO, Justice.
MIKOLL, J.P., and CREW, YESAWICH and SPAIN, JJ., concur.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 26, 1998
Court: Supreme Court, Appellate Division, Third Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)