IN RE: ASHANTI W. (Anonymous) (1997)

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

IN RE: ASHANTI W. (Anonymous), Appellant.

Decided: September 08, 1997

Before ROSENBLATT, J.P., and COPERTINO, PIZZUTO, KRAUSMAN and FLORIO, JJ.

Jane M. Spinak, New York City (Nancy Botwinik, of counsel), for appellant. Dennis C. Vacco, Attorney General, New York City (Robert A. Forte and Belina Anderson, of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Kings County (Ambrosio, J.), dated April 1, 1997, made after a hearing, which, in effect, extended the appellant's placement with the Division for Youth.

ORDERED that the order is affirmed, without costs or disbursements.

The Family Court providently exercised its discretion in extending the appellant's placement (see, Family Ct. Act § 355.3). The court's finding that extension of placement would both protect society and the best interests of the appellant (see, Family Ct. Act § 352.2[2]; § 355.3[4] ), is supported by a preponderance of the evidence, which showed that he had exhibited overly aggressive and assaultive behavior towards his peers and agency staff members at the facility, and had committed a criminal offense within the preceding year (see, Matter of Michelle T., 227 A.D.2d 226, 642 N.Y.S.2d 260).

MEMORANDUM BY THE COURT.

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