IN RE: MESSIAH G. (2018)

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about February 16, 2017, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal sexual act in the first and third degrees, sexual abuse in the first and third degrees, sexual misconduct and unlawful imprisonment in the second degree, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.

The court's findings were based on legally sufficient evidence and were not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  There is no basis for disturbing the court's credibility determinations.  The evidence established appellant's accessorial liability under Penal Law § 20.00. The victim's testimony established that appellant acted in concert with two other youths to hold the victim down to the floor while one of appellant's accomplices subjected the victim to oral sexual conduct (see Matter of Andre N., 282 A.D.2d 273, 274, 722 N.Y.S.2d 867 [1st Dept. 2001], lv denied 96 N.Y.2d 717, 730 N.Y.S.2d 790, 756 N.E.2d 78 [2001];  see also Matter of Rashaun S., 46 A.D.3d 412, 851 N.Y.S.2d 1 [1st Dept. 2007] ).

The court providently exercised its discretion in adjudicating appellant a juvenile delinquent, imposing a conditional discharge, and denying his request for an adjournment in contemplation of dismissal.  The conditional discharge was the least restrictive alternative in light of the seriousness of the offense, appellant's failure to accept responsibility for his conduct, and the need for a year-long period of supervision to ensure compliance with a treatment program (see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ).

Appellant's conclusory assertion that various counts should be dismissed as lesser included offenses of first-degree criminal sexual act is unavailing.