| Matter of Daqwan J. |
| 2008 NY Slip Op 09998 [57 AD3d 780] |
| December 16, 2008 |
| Appellate Division, Second Department |
| In the Matter of Daqwan J., a Person Alleged to be a Juvenile Delinquent,Appellant. |
—[*1] Lorna B. Goodman, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), forrespondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from anorder of disposition of the Family Court, Nassau County (Lawrence, J.), dated December 18, 2007,which, upon the appellant's admission, found that he violated a condition of a term of probationpreviously imposed by the same court in an order of disposition dated September 11, 2007, placinghim on probation for a period of two years effective September 11, 2007, vacated the order ofdisposition dated September 11, 2007, and placed the appellant with the Office of Children and FamilyServices for a period of 18 months.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Family Court providently exercised its discretion inplacing him with the Office of Children and Family Services for a period of 18 months upon hisadmission that he violated a condition of his probation imposed in an order of disposition datedSeptember 11, 2007. The Family Court has broad discretion in entering dispositional orders (seeFamily Ct Act § 141; Matter ofFelipe G., 34 AD3d 477 [2006]; Matter of Neville G., 293 AD2d 471 [2002]). Therecord demonstrates that since October 2006 the appellant had violated a condition of his probationthree times. The Family Court's determination reflected careful consideration of the less-restrictivealternatives to the appellant's placement and properly balanced the needs of the appellant and the needfor the protection of the community (see Family Ct Act § 352.2 [2]). Moreover, as theappellant violated a condition of his probation imposed on September 11, 2007 he was no longerentitled to a dispositional hearing pursuant to Family Court Act § 360.3 (6) ([*2]see Matter of Edwin L., 88 NY2d 593, 601 [1996]).
In addition, the Family Court properly exercised its discretion in declining to credit the appellant'sdetention time toward his placement under the dispositional order (see Family Ct Act §353.3 [5]; Matter of Kenyetta F., 49AD3d 540, 541 [2008]; Matter ofRashaad C., 28 AD3d 348, 348-349 [2006]; Matter of Nikson D., 15 AD3d 656 [2005]).
The appellant's remaining contentions are without merit. Rivera, J.P., Angiolillo, Eng and Belen, JJ.,concur.