Opinion
No. 5320.
June 14, 2011.
Order of disposition, Family Court, Bronx County (Allen G. Alpert, J), entered on or about August 3, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for presentment agency.
Before: Concur — Saxe, J.P., Acosta, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.
The court properly exercised its discretion when it denied appellant's request for an adjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquent and imposed a term of probation. That disposition, which provided a full year of supervision, was the least restrictive alternative consistent with the needs of appellant and the community ( see Matter of Katherine W, 62 NY2d 947). Appellant committed a violent act that injured another boy. Since appellant entered an admission, there was no fact-finding hearing. However, the court was under no obligation to credit the version of the incident that appellant gave a probation interviewer, which was very different from the account given in the victim's supporting deposition. Appellant also had a pattern of school and behavioral problems.
We have considered and rejected appellant's remaining claims.