New York Supreme and/or Appellate Courts Appellate Division, First Department
February 23, 2012
IN RE ZION F., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY
Matter of Zion F.
Decided on February 23, 2012
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.
Tom, J.P., Friedman, Sweeny, Moskowitz, DeGrasse, JJ.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 10, 2011, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of sexual abuse in the first and second degrees, criminal sexual act in the first degree and sexual misconduct, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court properly exercised its discretion when it denied appellant's request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated him a juvenile delinquent and placed him on probation. An 18-month period of probation was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 NY2d 947 ), given the seriousness of the underlying offenses, appellant's lack of remorse and denial of responsibility, and the recommendations by the Probation Department and a psychologist that he be placed on probation.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 23, 2012
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