Opinion
October 14, 1997
Appeal from the Family court, Bronx County (Marjory Fields, J.).
As the presentment agency concedes, the Family Court violated Family Court Act § 353.3 (5) by deleting that portion of the pre-printed order of disposition that automatically credited appellant with pre-placement detention time without making a record that such credit would not serve appellant's needs or best interests or, in the alternative, would not serve the needs and interests of the community ( Matter of Wayne S., 193 A.D.2d 371). Therefore, appellant is entitled to credit for time served in pre-disposition detention.
Concur — Milonas, J.P., Wallach, Williams, Tom and Mazzarelli, JJ.