Matter of Anthony U.

Matter of Anthony U. 2007 NY Slip Op 03736 [39 AD3d 424] April 26, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

In the Matter of Anthony U., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Howard M. Simms, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about January 11, 2006, which, after a violation of probation hearing, revoked appellant's probation and placed him in the custody of the Office of Children and Family Services for a period up to 12 months with authorization for detention in a limited secure facility, unanimously affirmed, without costs.

The court's determination that appellant violated the conditions of his probation to an extent warranting revocation is supported by a preponderance of the evidence (see Matter of Alpheaus M., 168 AD2d 208 [1990]). Appellant, who had already violated his probation and received a second chance, failed to comply with his probation conditions, which included reporting to his probation officer, attending school, and cooperating with a rehabilitation program. The record supports the court's rejection of appellant's various excuses.

The court's placement of appellant was a proper exercise of discretion that constituted the least restrictive alternative consistent with the needs of appellant and the community (see Matter of Katherine W., 62 NY2d 947 [1984]). Concur—Tom, J.P., Andrias, Buckley, Gonzalez and Malone, JJ.