In re Jean T.
Matter of Jean T.
2011
NY Slip Op 07937
Decided
on November 10, 2011
Appellate
Division, First Department
Published
by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This
opinion is uncorrected and subject to revision before publication in the
Official Reports.
Decided
on November 10, 2011
Saxe, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Román, JJ.
5994
[*1]In
re Jean T., A Person Alleged to be a Juvenile Delinquent, Appellant.
Presentment
Agency
George E. Reed, Jr.,
Michael
A. Cardozo, Corporation Counsel,
Paulson of counsel), for presentment agency.
Order
of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or
about April 5, 2011, which adjudicated appellant a juvenile delinquent upon his
admission that he committed an act that, if committed by an adult, would
constitute the crime of criminal possession of a controlled substance in the
fifth degree, and placed him with the Office of Children and Family Services
for a period of 18 months, unanimously affirmed, without costs.
The
placement was a proper exercise of the court's discretion that constituted the
least restrictive alternative consistent with appellant's needs and best
interests and the community's need for protection (see Matter of Katherine W.,
62 NY2d 947 [1984]). Soon after he had been discharged from a prior placement
that had resulted from a drug sale, appellant took part in a sale of cocaine
and, while that case was pending, repeated the same criminal behavior (see e.g.
Matter of Jancarlos S., 55 AD3d 370, [2008]).
Furthermore, appellant did not attend school and had serious behavioral
problems at home.
The
court accepted the recommendations of the Department of Probation and Mental
Health Services, and rejected that of a representative of an intensive
community-based program. There is no basis for disturbing that determination.
The court reasonably concluded that appellant's behavior could not be
controlled without a residential placement.
THIS
CONSTITUTES THE DECISION AND ORDER
OF
THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
NOVEMBER 10, 2011
CLERK