Matter of Wilbert L.
2012 NY Slip Op 03728 [95 AD3d 568]
May 10, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


In the Matter of Wilbert L., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Order, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about June 17, 2011, 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 first degree, and placed him on enhanced supervision probation for a period of 18 months, unanimously affirmed, without costs.

Enhanced supervision probation, which was recommended by the Probation Department, 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]). The underlying offense was a violent sexual attack. In addition, appellant had a poor disciplinary and attendance record at school, and admitted using marijuana and alcohol. Concur—Tom, J.P., Andrias, Catterson, Acosta and Manzanet-Daniels, JJ.