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MATTER OF JASON L

Appellate Division of the Supreme Court of New York, First Department.
Jan 22, 1998

Based on appellant's larcenous conduct, his history of truancy, drug use, behavioral problems, and fighting in school, the recommendations submitted by the evaluating psychiatrist and the Probation Department that appellant was in need of placement in a structured environment, as well as the failure of petitioner's mother to exercise a suitable degree of control over appellant, the Family Court properly exercised its discretion in placing appellant in a nonsecure facility. Under the circumstances presented, we find that the Family Court adopted the least restrictive alternative consistent with appellant's needs (Family Ct. Act § 352.2; Matter of Katherine W., 62 N.Y.2d 947).

Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.