In re Anthony M.
Opinion of the Court
— In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (De Phillips, J.), dated March 10, 1987, which, upon a fact-finding order of the same court, dated February 18, 1987, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crime of unauthorized use of a vehicle in the third degree, adjudged him a juvenile delinquent and placed him under the supervision of the Division for Youth, Title II, for a period of up to 12 months.
Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see, Matter of Gaylord II, 106 AD2d 823, 825), we find that it was legally sufficient to establish the appellant’s guilt beyond a reasonable doubt. Upon the exercise of our factual review power (CPL 470.15 [5]), we find that the weight of the evidence adduced at the hearing clearly established that the appellant rode in the stolen vehicle knowing that it was stolen.
Furthermore, we find no improvident exercise of discretion in the disposition made by the Family Court. At the dispositional hearing, the appellant’s probation officer and a psychologist recommended structured placement based upon the appellant’s poor school attendance, lack of control at home and aggressive behavior. Both the psychologist and probation officer felt that the appellant’s grandmother, who was also the appellant’s adoptive mother, would be unable to control him in the future.
Our review of the record confirms that the Family Court properly concluded after conducting a thorough inquiry, that structured placement would serve the appellant’s present needs and best interests (see, Family Ct Act § 352.2 [2]; Matter
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