Matter of Aaliyah H.

Matter of Aaliyah H. 2011 NY Slip Op 08283 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Gonzalez, P.J., Tom, Catterson, Richter, Román, JJ.
6078

[*1]In re Aaliyah H., A Person Alleged to be a Juvenile Delinquent, Appellant.

Presentment Agency.


Richard L. Herzfeld, New York, for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Fay Ng
of counsel), for respondent.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about October 4, 2010, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of robbery in the second degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The placement was a proper exercise of the court's discretion, and it constituted 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]). Appellant had already been on probation for a prior delinquency adjudication, but her pattern of unlawful behavior continued to escalate. In addition, she had a very poor academic and attendance record at school, along with behavior problems and inadequate supervision at home. For the same reasons, the length of the placement was not excessive.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 17, 2011

CLERK