Opinion
2003-06955.
Decided June 7, 2004.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Hunt, J.), dated July 9, 2003, which, upon a fact-finding order of the same court dated April 8, 2003, made upon the appellant's admission, finding that the appellant had committed an act which, if committed by an adult, would have constituted the crime of attempted robbery in the second degree, adjudged him to be a juvenile delinquent and placed him with Berkshire Farms for a period of 18 months without credit for time served.
David Bliven, Jamaica, N.Y., for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Stephen J. McGrath and Alan Beckoff of counsel), for respondent.
Before: DAVID S. RITTER, J.P. SANDRA L. TOWNES, WILLIAM F. MASTRO, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court providently exercised its discretion in placing him with Berkshire Farms for a period of 18 months ( see Family Court Act § 352.2[a]; Matter of Katherine W., 62 N.Y.2d 947; Matter of Jaime D., 293 A.D.2d 749; Matter of Shariyf W., 245 A.D.2d 383; Matter of Wayne H., 242 A.D.2d 535; Matter of Jason W., 207 A.D.2d 495; Matter of Kristi L.M., 197 A.D.2d 903; Matter of Mack M., 175 A.D.2d 869). In addition, the Family Court properly found that giving the appellant credit for time served would not serve his best interests, nor adequately protect the community, especially in light of the felony committed by the appellant during the pendency of the instant disposition ( see Matter of Brian E., 242 A.D.2d 720; Matter of Mack M., supra).
RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.