Matter of Anthony G.

Mar 29, 2011
2010-04210
Versions:2011 NY Slip Op 02672
82 AD3d 1235

In the Matter of Anthony G., a Person Alleged to be a Juvenile Delinquent, Appellant.

Steven Banks, New York, N.Y. (Tamara A. Steckler and John A. Newbery of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein and Andrew S. Wellin of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Anthony G. appeals, as limited by his brief, from so much of an order of disposition of the Family Court, Queens County (Hunt, J.), dated March 31, 2010, as, upon a fact-finding order of the same court dated January 28, 2010, made upon the appellant‘s admission, finding that he committed an act which, if committed by an adult, would constitute the crime of attempted burglary in the third degree, placed him on probation for a period of 18 months with the condition that he perform 200 hours of community service.

Ordered that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

The Family Court has broad discretion in fashioning orders of disposition (see Matter of Summer D., 67 AD3d 1008, 1009 [2009]; Matter of Michael D., 60 AD3d 945 [2009]). Here, in determining the least restrictive available alternative consistent with the appellant‘s best interests and the need for protection of the community (see Family Ct Act § 352.2 [2] [a]), the Family Court providently exercised its discretion in placing the appellant on probation for a period of 18 months with the condition that he perform 200 hours of community service. The disposition is appropriate in light of, among other factors, the seriousness of the appellant‘s offense, his record of truancy and poor school performance, and the recommendations in the probation report (see Matter of Gustav D., 79 AD3d 868, 869 [2010]; Matter of Summer D., 67 AD3d at 1009; Matter of Javed K., 57 AD3d 899, 900 [2008]; cf. Matter of Jonathan D., 33 AD3d 996, 997-998 [2006]). Florio, J.P., Dickerson, Leventhal and Belen, JJ., concur.