Matter of Steven O.

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Matter of Steven O. 2011 NY Slip Op 08295 Decided on November 17, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 17, 2011
Mazzarelli, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.
6083

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

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (John A.
Newbery of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Norman
Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about April 23, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of sexual misconduct, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to adjudicate appellant a person in need of supervision, and instead adjudicated him a juvenile delinquent and placed him on probation. This was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), in light of the underlying incident, which was a serious sex offense against a considerably younger child, as well as a clinical psychologist's recommendation. Accordingly, the court properly concluded that appellant was in need an 18-month period of probation.

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

ENTERED: NOVEMBER 17, 2011

CLERK

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