Matter of Roland H.
2006 NY Slip Op 04781 [30 AD3d 225]
June 13, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 23, 2006


In the Matter of Roland H., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1]

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about November 10, 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 a period of 12 months, 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]), which included evidence properly received as admissions by appellant. The evidence established that appellant violated his probation by being discharged from a counseling program because of nonattendance, and that appellant understood that attendance at the program was a special condition of his probation. Appellant's excuses for his lack of attendance are without merit. Concur—Mazzarelli, J.P., Andrias, Nardelli, Gonzalez and Malone, JJ.