Opinion
May 6, 1993
Appeal from the Family Court, New York County (Judith B. Sheindlin, J.).
Contrary to respondent's contentions, the court properly denied the request by his third counsel to withdraw, as such right is not absolute (see, CPLR 321 [b] [2]; Weiner Corp. v Davis Corp., 113 Misc.2d 263), and no sound reason was provided why counsel should be allowed to withdraw. The court also properly removed respondent's mother from the courtroom based on her unseemly, abusive and disrespectful behavior (see, Matter of B. Children, 168 A.D.2d 312).
Further, based on the evidence evaluated in the light most favorable to the presentment agency (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the credible evidence, including eyewitness testimony, established beyond a reasonable doubt that respondent, in concert with another, forcibly took property from the complainant, resulting in physical injury (see, People v Rivera, 176 A.D.2d 449, 449-450). Finally, the court's dispositional order placing respondent in a restricted facility was the least restrictive alternative consistent with the needs and best interests of respondent and the need for protection of the community (Family Ct Act § 352.2), since the evidence established that he committed this crime while on probation and thus was in need of supervision and treatment.
Concur — Ellerin, J.P., Ross, Asch, Kassal and Rubin, JJ.