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IN RE: SAMMIE C., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 4, 2005, which, after a violation of probation hearing, revoked appellant's probation and placed him in the custody of the New York State Office of Children and Family Services for up to 12 months in a limited secure facility, unanimously affirmed, without costs.
The court's determination that appellant violated the terms and conditions of his probation to an extent warranting revocation is supported by a preponderance of the evidence (see Matter of Alpheaus M., 168 A.D.2d 208, 562 N.Y.S.2d 93 [1990] ). The evidence established that appellant violated his probation by being discharged from a substance abuse program because of his misbehavior, and that appellant understood that attendance at the program was a special condition of his probation. At the hearing, no issue was raised as to whether the program appropriately discharged appellant.
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Decided: March 28, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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