Opinion
December 27, 1990
Appeal from the Family Court, New York County (Mary E. Bednar, F.C.J.).
Appellant admitted committing acts which would constitute unauthorized use of a vehicle in the third degree and a fact-finding order was entered. A dispositional hearing was conducted after an investigation and report was prepared by the Probation Department. The probation officer, appellant and his mother testified. Appellant admitted depression, contemplating suicide, and the negative influences of his peers on his behavior, and conceded, as did his mother, that he might benefit from counseling. The court placed appellant on probation for 12 months with the condition that he be referred for counseling, finding that the credible evidence required continuing supervision and treatment by the court as the least restrictive alternative consistent with appellant's needs and the needs of society.
Although appellant contends that he should have been granted an adjournment in contemplation of dismissal, it was not error for the Family Court to conclude that, based on the evidence before it, continued supervision and treatment was necessary under the circumstances, particularly where there was a showing of poor school performance, occasional feelings of depression, a lack of communication with his mother and negative peer influence (see, Matter of Anthony M., 142 A.D.2d 731). Further, the fact that this was appellant's only contact with the law is not dispositive (see, e.g., Matter of Jennifer M., 125 A.D.2d 830, 832).
Concur — Ross, J.P., Rosenberger, Kassal, Ellerin and Rubin, JJ.