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IN RE: GUSTAN G. (Anonymous), appellant.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (McLeod, J.), dated April 12, 2007, which, upon a fact-finding order of the same court dated February 26, 2007, made upon the appellant's admission, finding that he had committed acts which, if committed by an adult, would have constituted the crime of assault in the second degree, adjudged him to be a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for a period of 18 months.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The Family Court has broad discretion in entering dispositional orders (see Matter of Melissa B., 49 A.D.3d 536, 853 N.Y.S.2d 586; Matter of Donnell W., 36 A.D.3d 926, 828 N.Y.S.2d 558; Matter of Rudolph S., 13 A.D.3d 459, 460, 787 N.Y.S.2d 339). Here, based upon, inter alia, the serious nature of the crime, the recommendations by Mental Health Services and the Department of Probation, the appellant's poor academic performance, and his history of truancy, the Family Court properly found that the “least restrictive [dispositional] alternative” was to place the appellant in the custody of the New York State Office of Children and Family Services for a period of 18 months (see Family Ct. Act § 352.2[2][a]; Matter of Tirell R., 33 A.D.3d 804, 805-806, 822 N.Y.S.2d 615; Matter of Jamel H., 262 A.D.2d 643, 643-644, 691 N.Y.S.2d 891; Matter of Juan M., 254 A.D.2d 359, 360, 678 N.Y.S.2d 727).
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Decided: June 03, 2008
Court: Supreme Court, Appellate Division, Second Department, New York.
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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.
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