| Matter of Marlon B. |
| 2008 NY Slip Op 04189 [51 AD3d 436] |
| May 6, 2008 |
| Appellate Division, First Department |
| In the Matter of Marlon B., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), forpresentment agency.
Order of disposition, Family Court, Bronx County (Nelida Malave-Gonzalez, J.), entered onor about November 15, 2006, which adjudicated appellant a juvenile delinquent, upon afact-finding determination that he committed acts which, if committed by an adult, would haveconstituted the crimes of unlawful imprisonment in the second degree and menacing in the thirddegree (Penal Law § 120.15), and placed him on probation for a period of 12 months,unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court'sdeterminations concerning credibility. The findings as to unlawful imprisonment and menacingwere established by evidence that appellant and two friends surrounded the victim, preventedhim from leaving, asked him threatening questions and assaulted him (see Matter of Rashaun S., 46 AD3d412 [2007]; Matter of Kori W.,40 AD3d 479 [2007]).
Probation was the least restrictive alternative consistent with the needs of appellant and thecommunity in light of appellant's behavioral, attendance and academic problems, and the violentnature of the underlying incident (see Matter of Katherine W., 62 NY2d 947 [1984]).Concur—Lippman, P.J., Saxe, Buckley and Acosta, JJ.