Matter of Sammie C.
2006 NY Slip Op 02312 [27 AD3d 382]
March 28, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 17, 2006


In the Matter of Sammie C., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1]Order, Family Court, Bronx County (Alma Cordova, J.), entered on or about August 4, 2005, which, after a violation of probation hearing, revoked appellant's probation and placed him in the custody of the New York State Office of Children and Family Services for up to 12 months in a limited secure facility, unanimously affirmed, without costs.

The court's determination that appellant violated the terms and conditions of his probation to an extent warranting revocation is supported by a preponderance of the evidence (see Matter of Alpheaus M., 168 AD2d 208 [1990]). The evidence established that appellant violated his probation by being discharged from a substance abuse program because of his misbehavior, and that appellant understood that attendance at the program was a special condition of his probation. At the hearing, no issue was raised as to whether the program appropriately discharged appellant. Concur—Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.