In the Matter of Elizabeth J.
New York Family Court
413 N.Y.S.2d 867 (1979)
- Written by Deanna Curl, JD
Facts
In November 1978, 16-year-old Elizabeth J. (defendant) was sentenced to two years of probation upon special conditions for burglary and assault charges by the Kings County Family Court. At the time of her sentencing, Elizabeth also had a pending delinquency petition that was filed in September 1978 alleging attempted petit larceny, possession of burglary tools, and possession of a weapon. The family court was aware of the pending petition at the time of Elizabeth’s November 1978 sentencing. Elizabeth later filed a motion to dismiss the delinquency petition for the September 1978 charges, arguing that she had done well on probation and that there was no need for additional disposition. Alternatively, Elizabeth argued that she should be sentenced to additional probation on the September 1978 charges that would run concurrently with the probation for her November 1978 sentence. The Corporation Counsel (plaintiff) opposed Elizabeth’s motion.
Rule of Law
Issue
Holding and Reasoning (Turret, J.)
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