Opinion
November 26, 1991
Appeal from the Family Court, New York County (Sheldon Rand, J.).
Appellant was advised by the Family Court, at the time appellant entered an admission to assault in the second degree, as well as at the time of the resulting imposition of the 12 month probation placement on July 18, 1989, that if he should violate any condition of probation, the court would revoke probation and order a one year period of placement, with no exception. Appellant acknowledged his understanding of the court's advice.
It is undisputed that approximately five months after imposition of the probation sentence, appellant violated his probation by committing acts which, had they been committed by an adult, would constitute the crime of facilitation in the fourth degree, to which he entered an admission on March 14, 1990.
We perceive no abuse of discretion by the Family Court in ordering placement of appellant in a Title II facility for a period of up to one year, in accordance with the court's previous specific and acknowledged advice to appellant, following appellant's admission to a violation of probation (see, e.g., Matter of Thomas RR., 112 A.D.2d 584).
It is noted that, although not required by the relevant provisions of the Family Court Act (see, Family Ct Act § 360.3; Sobie, Practice Commentary, McKinney's Cons Laws of NY, Book 29A, Family Ct Act § 360.3), before ordering placement herein, the Family Court conducted a separate dispositional hearing, at which it considered appellant's updated probation and mental health reports, testimony of appellant's probation officer recommending placement, testimony of appellant's mother recommending non-placement, an offer of proof by appellant's attorney indicating that two social workers connected with a program in which appellant was participating would recommend non-placement (confirmed on the record by those two individuals), a recommendation of placement by a representative of the Division for Youth, and a statement by appellant in his own behalf.
Concur — Sullivan, J.P., Wallach, Smith and Rubin, JJ.