Learn About the Law
Get help with your legal needs
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.
IN RE: STEPHEN C. (Anonymous), appellant.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of the Family Court, Orange County (Kiedaisch, J.), dated May 3, 2005, which, after a hearing, found that the appellant violated a condition of a term of probation previously imposed by the same court in an order of disposition dated March 4, 2003, and placed the appellant with the Office of Children & Family Services for a period of 12 months.
ORDERED that the order is affirmed, without costs or disbursements.
A petition alleging a violation of probation is facially sufficient if its nonhearsay allegations and supporting documents establish every violation charged (see Family Ct. Act § 360.2[2]; Matter of Christian T.L., 8 A.D.3d 670, 778 N.Y.S.2d 902; Matter of Darrell CC., 299 A.D.2d 757, 751 N.Y.S.2d 113). Here, the petition was not jurisdictionally defective (see Family Ct. Act § 360.2[2] ).
The Family Court properly sustained that portion of the violation of probation petition alleging that the appellant missed five appointments with his probation officer. Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 N.Y.2d 792, 513 N.Y.S.2d 111, 505 N.E.2d 621; cf. People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish that the appellant violated a condition of a term of his probation in that he missed five appointments with his probation officer. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the finder of fact, which saw and heard the witnesses (see Matter of Nicholas M., 11 A.D.3d 545, 783 N.Y.S.2d 624). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see Matter of Kashawn B., 4 A.D.3d 469, 470, 771 N.Y.S.2d 690). Upon the exercise of our factual review power, we are satisfied that the findings of fact were not against the weight of the evidence (cf. CPL 470.15 [5] ).
We disagree with the appellant's contention that his placement should have been less restrictive. The Family Court has broad discretion in entering dispositional orders (see Matter of Neville G., 293 A.D.2d 471, 739 N.Y.S.2d 640; Matter of Naiquan T., 265 A.D.2d 331, 332, 696 N.Y.S.2d 79; see also Family Ct. Act § 141). The Family Court's determination reflects careful consideration of the less restrictive alternatives to the appellant's placement and properly balanced the needs of the juvenile and the need for the protection of the community (see Family Ct. Act § 352.2[2] ).
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: April 18, 2006
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)