Matter of Shamel R.

Matter of Shamel R. 2009 NY Slip Op 08950 [68 AD3d 425] December 3, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Shamel R., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Law Offices of Randall S. Carmel, Syosset (Randall S. Carmel of counsel), for appellant.

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

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 30, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree (two counts), obstructing governmental administration in the second degree, resisting arrest and menacing in the third degree (two counts), and ordered restrictive placement with the Office of Children and Family Services (OCFS) for a period of three years, and order of disposition, same court (Jane Pearl, J.), entered on or about April 30, 2009, which revoked appellant's probation and placed him with OCFS for a period of 18 months, unanimously affirmed, without costs.

The court properly exercised its discretion in ordering restrictive placement, which included denial of credit for time served, an initial nine-month placement in a secure facility, followed by a minimum placement of one year in a residential facility. Given the seriousness of the appellant's repeated violent behavior both in and out of custody, his violent conduct only four months after being placed on probation, his general lack of cooperation, and a psychologist's [*2]unfavorable report, the placement was the least restrictive alternative consistent with appellant's needs and best interests and the community's need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). Concur—Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.