Matter of Bruce B.
2008 NY Slip Op 07239 [54 AD3d 1031]
September 30, 2008
Appellate Division, Second Department
As corrected through Wednesday, October 29, 2008


In the Matter of Bruce B., a Person Alleged to be a JuvenileDelinquent, Appellant.

[*1]Salvatore C. Adamo, New York, N.Y., for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow andSusan Choi-Hausman of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal isfrom an order of disposition of the Family Court, Kings County (Freeman, J.), dated October 1,2007, which, upon a fact-finding order of the same court dated June 25, 2007, made upon theappellant's admission, finding that the appellant committed acts which, if committed by an adult,would have constituted the crime of attempted robbery in the second degree, adjudged him to bea juvenile delinquent and placed him in the custody of the Office of Children and FamilyServices in a limited secure facility for a period of up to 12 months. The appeal brings up forreview the fact-finding order dated June 25, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The Family Court has broad discretion in entering dispositional orders (see Matter of Rudolph S., 13 AD3d459, 460 [2004]; Matter of Jarel S., 282 AD2d 681, 682 [2001]; Matter ofTristan W., 258 AD2d 585, 586 [1999]). Here, the Family Court carefully consideredalternatives to the appellant's placement, consistent with his best interests and the need for theprotection of the community. Based upon the serious nature of the crime, the Department ofProbation recommendation, the Mental Health Services recommendations, the appellant'sbehavior while under the control of his mother and while in the custody of a group home, and hisschool records, including his prior suspensions, the Family Court properly found that the "leastrestrictive [dispositional] alternative" was the subject placement of the appellant in the [*2]custody of the Office of Children and Family Services for a periodof up to 12 months (Family Ct Act § 352.2 [2] [a]; see Matter of Benjamin J., 10 AD3d 608, 609 [2004]). Mastro, J.P.,Skelos, Covello and Leventhal, JJ., concur.


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