Opinion
2012-02-23
In re ZION F., A Person Alleged to be a Juvenile Delinquent, Appellant.Presentment Agency
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Avshalom Yotam of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Avshalom Yotam of counsel), for presentment agency.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 10, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the first and second degrees, criminal sexual act in the first degree and sexual misconduct, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court properly exercised its discretion when it denied appellant's request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated him a juvenile delinquent and placed him on probation. An 18–month period of probation 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] ), given the seriousness of the underlying offenses, appellant's lack of remorse and denial of responsibility, and the recommendations by the Probation Department and a psychologist that he be placed on probation.