Matter of Shaquana S.

Decision Date26 July 2004
Docket Number2003-01417.
PartiesIn the Matter Of SHAQUANA S., a Person Alleged to be a Juvenile Delinquent, Appellant.
CourtNew York Supreme Court — Appellate Division

Ordered that the appeal from so much of the amended order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services is dismissed as academic, without costs or disbursements, as the period of placement has expired (see Matter of Wanji W., 305 AD2d 690 [2003]); and it is further,

Ordered that the amended order of disposition dated April 10, 2003, is affirmed insofar as reviewed, without costs or disbursements.

There is no merit to the appellant's contention that the complainant's supporting deposition, which appears to have been translated into English by a third person, constituted hearsay and, therefore, was facially insufficient. The supporting deposition, which was verified through the use of a form notice complying with the provisions of CPL 100.30 (1) (d), was not defective inasmuch as there was no indication on the face of the instrument that the complainant had not read and understood it or was incapable of doing so (see Matter of Edward B., 80 NY2d 458 [1992]; cf. People v Honshj, 176 Misc 2d 170 [1998]; People v Allen, 166 Misc 2d 916 [1996]).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of...

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16 cases
  • In re Steven C.
    • United States
    • New York Supreme Court — Appellate Division
    • February 7, 2012
    ...N.Y.S.2d 485, 633 N.E.2d 1089; see Matter of Edward B., 80 N.Y.2d 458, 465, 591 N.Y.S.2d 962, 606 N.E.2d 1353; Matter of Shaquana S., 9 A.D.3d 466, 466–467, 780 N.Y.S.2d 179; Matter of Kenneth K., 218 A.D.2d 534, 536–537, 631 N.Y.S.2d 3). Thus, dismissal under Family Court Act § 315.1(2) is......
  • People v. Slade
    • United States
    • New York Court of Appeals Court of Appeals
    • May 6, 2021
    ...and understood it or was incapable of doing so" ( 2019 N.Y. Slip Op. 50893[U], *1, 2019 WL 2402155 ; see Matter of Shaquana S., 9 A.D.3d 466, 466, 780 N.Y.S.2d 179 [2d Dept. 2004] ). Although a certificate of translation was created at the same time as the complaint, it was not referenced o......
  • In re Jzamaine E.M.
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2017
    ...on the face of the instrument that the complainant had not read and understood it or was incapable of doing so (see Matter of Shaquana S., 9 A.D.3d 466, 467, 780 N.Y.S.2d 179 ). Accordingly, the Family Court properly determined that the appellant was not entitled to dismissal of the petitio......
  • People v. Maslowski
    • United States
    • New York Supreme Court — Appellate Division
    • October 28, 2020
    ...v. Benitez, 15 Misc.3d 1122(A), 2007 N.Y. Slip Op. 50798[U], *2, 2007 WL 1139420 [Crim. Ct., Kings County] ; cf. Matter of Shaquana S., 9 A.D.3d 466, 466–467, 780 N.Y.S.2d 179 ; People v. Rosario, 44 Misc.3d 1204(A), 2014 N.Y. Slip Op. 51017[U], 2014 WL 2937000 [Crim. Ct., New York County] ......
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