Matter of Sergio G.

Matter of Sergio G. 2012 NY Slip Op 00904 Decided on February 9, 2012 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 February 9, 2012
Tom, J.P., Sweeny, Acosta, Renwick, Román, JJ.
6763

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

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (Elana
E. Roffman of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Pamela
Seider Dolgow of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about April 14, 2011, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute forcible touching, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

The placement was a proper exercise of the court's discretion that 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]). The court followed the recommendations of Mental Health Services and the Department of Probation. Appellant had two prior delinquency adjudications, and the current offense occurred while he was already in custody on one of those adjudications. These factors outweighed the mitigating factors cited by appellant.

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

ENTERED: FEBRUARY 9, 2012

CLERK