| Matter of Abel R. |
| 2010 NY Slip Op 07352 [77 AD3d 758] |
| October 12, 2010 |
| Appellate Division, Second Department |
| In the Matter of Abel R., a Person Alleged to be a Juvenile Delinquent,Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Mordecai Newman of counsel;Sean Sherman on the brief), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from anorder of disposition of the Family Court, Queens County (Hunt, J.), dated August 11, 2009, which,upon a fact-finding decision of the Family Court, Cattaraugus County (Nenno, J.), dated June 9, 2009,made upon the appellant's admission, finding that he committed an act which, if committed by an adult,would have constituted the crime of riot in the first degree, adjudged him to be a juvenile delinquent andplaced him on probation for a period of 18 months.
Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court has broad discretion in fashioning orders of disposition. Here, the Family Courtprovidently exercised its discretion in determining that the least restrictive available alternative consistentwith the appellant's best interests and the need for the protection of the community was to place theappellant on probation rather than direct an adjournment in contemplation of dismissal (seeFamily Ct Act §§ 315.3, 353.2 et seq., 352.1 et seq.; Matter of Summer D., 67 AD3d 1008,1009 [2009]).
The appellant's remaining contention is without merit. Mastro, J.P., Dickerson, Eng and Lott, JJ.,concur.