IN RE: YORBIS H. (2025)

Order of disposition, Family Court, Bronx County (Ronna H. Gordon–Galchus, J.), entered on or about November 13, 2024, 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 abuse in the third degree, and placed him on level one probation for a period of 12 months, unanimously affirmed, without costs.

The court providently exercised its discretion when it adjudicated appellant a juvenile delinquent and placed him on level 1 probation for 12 months, which was recommended by the Probation Department, and which was the least restrictive available alternative consistent with his best interests and the need to protect the community (see Matter of Katherine W., 62 N.Y.2d 947, 948, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984]).  An adjournment in contemplation of dismissal would not have provided sufficient supervision, in view of the seriousness of the underlying sex offense, appellant's apparent lack of genuine remorse and failure to understand the seriousness of his acts, and appellant's absences, within the first five sessions, from the treatment program in which he voluntarily enrolled (see e.g. Matter of Zion F., 92 A.D.3d 589, 590, 938 N.Y.S.2d 799 [1st Dept. 2012]).