In re Desmond S., 285 A.D.2d 994 (N.Y. App. Div. 2001). · Go Syfert
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In re Desmond S., 285 A.D.2d 994 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 2004 · …and no appeal lies from an order entered upon consent ✓
10 citation events (10 in the last 25 years) across 5 distinct courts.
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" In re Stanley F.
N.Y. App. Div. · 2010 · signal: see · confidence high
The conduct must actually create a substantial risk of serious physical injury, and a defendant’s “subjective intent is irrelevant” (People v Davis, 72 NY2d at 36 ; see Matter of Kysean D.S., 285 AD2d 994, 995 [2001]).
Retrieving the full opinion text from the archive…
In the Matter of Desmond S., a Person Alleged to be a Juvenile Delinquent, Monroe County Attorney
Appellate Division of the Supreme Court of the State of New York.
Jul 3, 2001.
285 A.D.2d 994
Cited by 1 opinion  |  Published

—Appeal unanimously dismissed without costs. Memorandum: Respondent contends that Family Court erred in placing him on probation for a period of two years. Respondent expressed his desire that the court impose a one-year term of probation, rather than the two-year term that the court indicated it would impose. The court then inquired whether respondent wanted to proceed with a dispositional hearing, and respondent stated that he did not wish to do so. Thus, we conclude that respondent consented to the disposition, and no appeal lies from an order entered upon consent (see, Matter of Cherilyn P., 192 AD2d 1084, lv denied 82 NY2d 652). (Appeal from Order of Monroe County Family Court, Rollout, J. — Juvenile Delinquency.) Present — Pigott, Jr., P. J., Green, Pine, Scudder and Burns, JJ.