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In re Joseph C.

Supreme Court of New York, First Department

November 26, 2013

In re Michael Joseph C., A Person Alleged to be a Juvenile Delinquent, Appellant

Presentment Agency Larry S. Bachner, Jamaica, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.

Mazzarelli, J.P., Acosta, Moskowitz, Manzanet-Daniels, Gische, JJ.

Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about November 9, 2012, which adjudicated appellant a juvenile delinquent upon his admission that he committed an that, if committed by an adult, would constitute the crime of possession of graffiti instruments, and placed him with the Administration for Children's Services' Close to Home Program for a period of 12 months, with credit for time spent in detention, unanimously affirmed, without costs.

The disposition was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947 [1984]). Although the delinquency adjudication was based on a relatively minor offense, the court was entitled to consider appellant's entire background, which included a serious history of violence, as well as appellant's commission of unlawful acts while already on probation.

Appellant's admission met all constitutional and statutory requirements. As in the comparable situation of a guilty plea entered by an adult (see People v Goldstein, 12 N.Y.3d 295 [2009]), specific factual recitals supporting the elements of the crime are not required to support an admission of juvenile delinquency (Matter of Jermaine J., 6 A.D.3d 87, 91-93 [2004], lv denied 3 N.Y.3d 606 [2004]). Appellant's allocution neither negated any element nor cast doubt on his guilt.

We have considered and rejected appellant's remaining claims.


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