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IN RE: ANTHONY S., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
The court's finding was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–49, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations.
The court providently exercised its discretion in adjudicating appellant a juvenile delinquent and imposing a one-year period of probation, which was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ). In light of the seriousness of the underlying sexual conduct, as well appellant's school problems and other relevant background factors, an adjournment in contemplation of dismissal would not have provided sufficient supervision.
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Docket No: 8340
Decided: February 07, 2019
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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