Opinion
01-12-2017
In re XAVIER P., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Tamara A. Steckler, The Legal Aid Society, New York (Riti P. Singh of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Jeremy Shweder of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Riti P. Singh of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Jeremy Shweder of counsel), for presentment agency.
Order, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about November 17, 2015, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of sexual abuse in the second degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court providently exercised its discretion in adjudicating appellant a juvenile delinquent and placing him on probation since this was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ), in light of the serious sex offense committed against a much younger child. An adjournment in contemplation of dismissal would not have ensured that, after its term expired, appellant remained in and satisfactorily completed an appropriate sex offender treatment program.SWEENY, J.P., RENWICK, MAZZARELLI, MANZANET–DANIELS, FEINMAN, JJ., concur.