IN RE: ANTHONY S. (2019)

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

IN RE: ANTHONY S., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

8340

Decided: February 07, 2019

Acosta, P.J., Gische, Kapnick, Gesmer, Singh, JJ.

Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Deborah E. Wassel of counsel), for 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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