IN RE: ROLAND H. (2006)

Supreme Court, Appellate Division, First Department, New York.

IN RE: ROLAND H., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: June 13, 2006

MAZZARELLI, J.P., ANDRIAS, NARDELLI, GONZALEZ, MALONE, JJ.

Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for presentment agency.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about November 10, 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 a period of 12 months, 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] ), which included evidence properly received as admissions by appellant. The evidence established that appellant violated his probation by being discharged from a counseling program because of non-attendance, and that appellant understood that attendance at the program was a special condition of his probation. Appellant's excuses for his lack of attendance are without merit.

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