Matter of James S.

Matter of James S. 2012 NY Slip Op 01745 Decided on March 8, 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 March 8, 2012
Tom, J.P., Andrias, Catterson, Moskowitz, Román, JJ. 7037-
7038

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

Presentment Agency


Tamara A. Steckler, The Legal Aid Society, New York (Diane
Pazar of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York
(Mordecai Newman of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Jeanette Ruiz, J.), entered on or about May 25, 2011, 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 robbery in the second degree, and placed him 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]). The disposition was justified by the seriousness of the offense and appellant's escalating criminal conduct. Appellant committed new offenses while at liberty awaiting trial, and again while in custody after being remanded. In addition, he had a poor attendance record at school, along with behavior problems. 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: MARCH 8, 2012

CLERK