Matter of Anthony W.

2017 NY Slip Op 5742 (N.Y. Ct. App. 2017) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · July 14, 2017 · No. 2016-08633

Summary

The Appellate Division, Second Department, affirmed a Family Court order adjudicating Anthony W. a juvenile delinquent and placing him on enhanced supervision probation for 13 months. The court held that the disposition was within Family Court’s broad discretion and was the least restrictive alternative consistent with the appellant’s needs, best interests, and community protection.

Holdings

  1. The Family Court providently exercised its broad discretion by placing the appellant on enhanced supervision probation for 13 months.
  2. The disposition was the least restrictive alternative consistent with the appellant's needs and best interests and the need for protection of the community; the court was not required to try and reject each less restrictive intervention before imposing enhanced supervision probation.

Questions Presented

  1. Whether the Family Court providently exercised its discretion in placing the appellant on enhanced supervision probation for 13 months.
  2. Whether the disposition was the least restrictive alternative consistent with the appellant's needs and best interests and the need to protect the community.

Disposition

affirmed

Cases Cited (10)

  • Matter of Norell A.-T., 141 AD3d 712, 713(followed)
  • Matter of Kieron C., 140 AD3d 1160, 1161(followed)
  • Matter of Sharice B., 149 AD3d 833, 833(followed)
  • Matter of Tristan W., 258 AD2d 585, 586(followed)
  • Matter of Leah G., 23 AD3d 658, 658(followed)
  • Matter of Tanaja F., 147 AD3d 936, 937(followed)
  • Matter of Elijah G., 138 AD3d 839(followed)
  • Matter of Shaundale W., 82 AD3d 1254, 1255(followed)
  • Matter of Ashley P., 74 AD3d 1075, 1076(followed)
  • Matter of Antonio C., 294 AD2d 123, 124(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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