In re Zion F.

Appellate Division of the Supreme Court of New York

In re Zion F.

92 A.D.3d 589, 938 N.Y.2d 799

Appellate Division of the Supreme Court of the State of New York·Decided February 23, 2012·Published·Cited by 5 cases

Opinion

[590] The court properly exercised its discretion when it denied appellant’s request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated him a juvenile delinquent and placed him on probation. An 18-month period of probation was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the underlying offenses, appellant’s lack of remorse and denial of responsibility, and the recommendations by the Probation Department and a psychologist that he be placed on probation. Concur — Tom, J.E, Friedman, Sweeny, Moskowitz and DeGrasse, JJ.

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[590] The court properly exercised its discretion when it denied appellant’s request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated him a juvenile delinquent and placed him on probation. An 18-month period of probation was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]), given the seriousness of the underlying offenses, appellant’s lack of remorse and denial of responsibility, and the recommendations by the Probation Department and a psychologist that he be placed on probation. Concur — Tom, J.E, Friedman, Sweeny, Moskowitz and DeGrasse, JJ.

In re Zion F., 92 A.D.3d 589, 938 N.Y.2d 799 (N.Y. Ct. App. 2012).

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Opinion

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