Opinion
01-02-2015
In the Matter of AMIR S., Respondent–Appellant. Monroe County Attorney, Petitioner–Respondent.
Robert A. Dinieri, Attorney for the Child, Clyde, for Respondent–Appellant. Merideth H. Smith, County Attorney, Rochester (Brett Granville of Counsel), for Petitioner–Respondent.
Robert A. Dinieri, Attorney for the Child, Clyde, for Respondent–Appellant.
Merideth H. Smith, County Attorney, Rochester (Brett Granville of Counsel), for Petitioner–Respondent.
PRESENT: SMITH, J.P., FAHEY, WHALEN, and DeJOSEPH, JJ.
Opinion
MEMORANDUM:
Respondent appeals from an amended order adjudicating him to be a juvenile delinquent based upon the finding that he committed acts that, if committed by an adult, would constitute the crimes of rape in the first degree (Penal Law § 130.35[3] ), criminal sexual act in the first degree (§ 130.50 [3] ), and sexual abuse in the first degree (§ 130.65[3] ). Contrary to respondent's contention, Family Court properly determined that he required a restrictive placement (see Family Ct. Act § 353.5[1] ). In making that determination, the court properly considered the seriousness of the crime, respondent's need for therapy in conjunction with his failure to admit to his actions in the instant case, respondent's lack of support and adequate supervision at home, the need to protect the community in light of respondent's aggressive and inappropriate sexual behavior toward others at school, and his series of mental hygiene arrests (see § 353.5[2] ; Matter of Joseph G., 78 A.D.3d 1700, 1700–1701, 910 N.Y.S.2d 750 ; Matter of Lamar J.F., 8 A.D.3d 1091, 1092, 778 N.Y.S.2d 369 ; see also Matter of Christopher QQ., 40 A.D.3d 1183, 1184, 834 N.Y.S.2d 741 ). We conclude that “[t]he order of disposition ‘reflects an appropriate balancing of the needs of [respondent] and the safety of the community’ ” (Matter of Noel M., 240 A.D.2d 231, 231, 659 N.Y.S.2d 733 ).
It is hereby ORDERED that the amended order so appealed from is unanimously affirmed without costs.