Opinion
2022–07521 Docket No. D–1817–22
12-06-2023
In the MATTER OF JAVON J. (Anonymous), appellant.
Gloria Marchetti–Bruck, White Plains, NY, for appellant. Richard B. Golden, County Attorney, Goshen, NY (David S. Meffert of counsel), for respondent.
Gloria Marchetti–Bruck, White Plains, NY, for appellant.
Richard B. Golden, County Attorney, Goshen, NY (David S. Meffert of counsel), for respondent.
MARK C. DILLON, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI, BARRY E. WARHIT, JJ.
DECISION & ORDER
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Javon J. appeals from an amended order of disposition of the Family Court, Orange County (Lori Currier Woods, J.), dated August 22, 2022. The amended order of disposition, upon an order of fact-finding of the Family Court, Ulster County (Anthony McGinty, J.), dated April 22, 2022, made upon the admission of Javon J., finding that he committed an act which, if committed by an adult, would have constituted the crime of arson in the fourth degree, and after a dispositional hearing, adjudicated him a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for placement in a secure facility for a period of 18 months, less time spent in detention pending disposition.
ORDERED that the amended order of disposition is affirmed, without costs or disbursements.
The appellant admitted to committing an act which, if committed by an adult, would have constituted the crime of arson in the fourth degree. After a dispositional hearing, the Family Court adjudicated the appellant a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for placement in a secure facility for a period of 18 months, less time spent in detention pending disposition.
The Family Court has broad discretion in entering dispositional orders (see Matter of Brandon S., 169 A.D.3d 1047, 1048, 92 N.Y.S.3d 903 ). Here, the Family Court carefully considered alternatives to the appellant's placement, consistent with his best interests and the need for the protection of the community, and, given the information disclosed and the recommendations included in the pre-disposition investigation report and the risk assessment instrument, the court providently exercised its discretion in directing the appellant's placement in a secure facility (see Family Ct Act § 352.2 ; Matter of Katherine W., 62 N.Y.2d 947, 948, 479 N.Y.S.2d 190, 468 N.E.2d 28 ; Matter of Jovan B., 151 A.D.3d 842, 56 N.Y.S.3d 567 ).
The appellant's remaining contention is without merit.
DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.