| Matter of Ariell C. |
| 2008 NY Slip Op 07241 [54 AD3d 1034] |
| September 30, 2008 |
| Appellate Division, Second Department |
| In the Matter of Ariell C., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Larry A. Sonnenshein andMordecai Newman 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, Richmond County (McElrath, J.), datedNovember 30, 2007, which, upon a fact-finding order of the same court dated October 5, 2007,made upon the appellant's admission that he committed an act which, if committed by an adult,would have constituted the crime of criminal possession of a weapon in the fourth degree,adjudged him a juvenile delinquent and placed him in the custody of the New York State Officeof Children and Family Services for a period of 12 months.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court has broad discretion in entering dispositional orders (see Matter ofDonnell W., 36 AD3d 926 [2007]). Here, the Family Court carefully considered alternativesto the appellant's placement, consistent with his best interests and the need for the protection ofthe community, and properly exercised its discretion in placing the appellant in the custody of theOffice of Children and Family Services in a nonsecure facility for a period of 12 months withcredit for time spent in detention (id.).
Based upon the serious nature of the crime, the recommendations of the Department of [*2]Probation and the Mental Health Services psychologist, and theappellant's history of prior placement, the Family Court properly found that the least restrictivedispositional alternative was the subject placement (see Family Ct Act § 352.2 [2][a]).
The appellant's remaining contentions are without merit. Mastro, J.P., Angiolillo, Carni andEng, JJ., concur.