Matter of Steven O., 2011 NY Slip Op 08295 [89 AD3d 573]

November 17, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about April 23, 2010, 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 misconduct, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it declined to adjudicate appellant a person in need of supervision, and instead adjudicated him a juvenile delinquent and placed him on probation. 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 NY2d 947 [1984]), in light of the underlying incident, which was a serious sex offense against a considerably younger child, as well as a clinical psychologist’s recommendation. Accordingly, the court properly concluded that appellant was in need of an 18-month period of probation. Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Acosta and Abdus-Salaam, JJ..