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IN RE: ROLAND H., A Person Alleged to be a Juvenile Delinquent, Appellant. 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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Decided: June 13, 2006
Court: Supreme Court, Appellate Division, First Department, New York.
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