| Matter of Tremain M. |
| 2009 NY Slip Op 04427 [63 AD3d 742] |
| June 2, 2009 |
| Appellate Division, Second Department |
| In the Matter of Tremain M., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Elizabeth S. Natrella ofcounsel; Heather Berger on the brief), 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, Queens County (Hunt, J.), dated July 2, 2008,which, upon a fact-finding order of the same court dated April 18, 2008, made after a hearing,finding that the appellant had committed acts which, if committed by an adult, would haveconstituted the crimes of grand larceny in the fourth degree and criminal possession of stolenproperty in the fifth degree, adjudged him to be a juvenile delinquent and placed him with theNew York State Office of Children and Family Services for a period of 18 months, with only a30-day credit for time served, and directed him to complete 200 hours of community service.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court has broad discretion in entering dispositional orders (see FamilyCt Act § 141; Matter of MichaelD., 60 AD3d 945 [2009]; Matter of Daqwan J., 57 AD3d 780 [2008]; Matter of Gustan G., 52 AD3d513, 514 [2008]; Matter of WaleekW., 40 AD3d 868, 869 [2007]). Here, the Family Court's disposition was appropriate. Itreflected careful consideration of the less-restrictive alternatives to the appellant's placement andthe need for the protection of the community (see Family Ct Act § 352.2 [2]).Moreover, contrary to the appellant's contentions, the Family Court providently exercised itsdiscretion in declining [*2]to credit his full detention time and indirecting him to perform 200 hours of community service (see Family Ct Act §353.3 [5], [8]). The record demonstrates that the instant offense was the appellant's third arrest,and that he committed the subject acts while he was on probation. Additionally, the appellant hasa history of behavioral problems as evinced by, inter alia, his poor record of performance andattendance at school, as well as his six prior school suspensions. Rivera, J.P., Eng, Chambers andHall, JJ., concur.