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

IN RE: SAMMIE C., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: March 28, 2006

ANDRIAS, J.P., SULLIVAN, WILLIAMS, GONZALEZ, CATTERSON, JJ. Tamara A. Steckler, The Legal Aid Society, New York (Patricia S. Colella of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 4, 2005, which, after a violation of probation hearing, revoked appellant's probation and placed him in the custody of the New York State Office of Children and Family Services for up to 12 months in a limited secure facility, unanimously affirmed, without costs.

The court's determination that appellant violated the terms and conditions of his probation to an extent warranting revocation is supported by a preponderance of the evidence (see Matter of Alpheaus M., 168 A.D.2d 208, 562 N.Y.S.2d 93 [1990] ).   The evidence established that appellant violated his probation by being discharged from a substance abuse program because of his misbehavior, and that appellant understood that attendance at the program was a special condition of his probation.   At the hearing, no issue was raised as to whether the program appropriately discharged appellant.