Opinion
2011-09-27
In re LENA I., A Person Alleged to be a Juvenile Delinquent, Appellant.Presentment Agency
Tamara A. Steckler, The Legal Aid Society, New York (Judith Waksberg of counsel), for appellant.Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for presentment agency.
Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about December 9, 2010, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.
The court properly exercised its discretion when it denied appellant's request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and placed her on probation. Given the seriousness of the underlying assault, this was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection ( see Matter of Katherine W., 62 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ). The record does not support appellant's claim that, in evaluating the seriousness of the offense, the court gave excessive weight to the allegations in the petition. The evidence presented at the dispositional hearing, viewed as a whole, established that appellant needed the duration and level of supervision that a term of probation would provide.
TOM, J.P., CATTERSON, RENWICK, FREEDMAN, MANZANET–DANIELS, JJ., concur.