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In the Matter of Alphonso W

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 492 (N.Y. App. Div. 2004)

Opinion

2003-06099.

Decided June 14, 2004.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an amended order of disposition of the Family Court, Queens County (Hunt, J.), dated June 4, 2003, which, upon a fact-finding order of the same court dated March 27, 2003, made upon the appellant's admission, finding that he had committed acts, which, if committed by an adult, would have constituted the crime of attempted assault in the third degree, adjudged him to be a juvenile delinquent, and, inter alia, placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated March 27, 2003.

David M. Shapiro, Bronx, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Ralph Janzen of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, STEVEN W. FISHER, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the amended order of disposition as placed the appellant on probation for a period of 12 months is dismissed, as academic, without costs or disbursements, as the period of probation has expired ( see Matter of Wanji W., 305 A.D.2d 690); and it is further,

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

Contrary to the appellant's contention, the Family Court ascertained through his allocution and his mother that he was aware of all possible specific dispositional orders that the court could issue before granting its consent to the entry of an admission in accordance with Family Court Act § 321.3(1) ( see Matter of Sarah HH., 203 A.D.2d 732; cf. Matter of Anthony S., 302 A.D.2d 531; Matter of James D.H., 254 A.D.2d 290; Matter of LeJuane, 247 A.D.2d 481; Matter of Brian K.J., 223 A.D.2d 643; Matter of Jerry D., 110 A.D.2d 635).

The appellant's remaining contentions either are academic or without merit.

SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.


Summaries of

In the Matter of Alphonso W

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 2004
8 A.D.3d 492 (N.Y. App. Div. 2004)
Case details for

In the Matter of Alphonso W

Case Details

Full title:IN THE MATTER OF ALPHONSO W. (ANONYMOUS), appellant. (Docket No…

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

Date published: Jun 14, 2004

Citations

8 A.D.3d 492 (N.Y. App. Div. 2004)
778 N.Y.S.2d 530

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