Opinion
9605
06-13-2019
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Kevin Osowski of counsel), for presentment agency.
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Kevin Osowski of counsel), for presentment agency.
Friedman, J.P., Richter, Tom, Gesmer, Moulton, JJ.
The court providently exercised its discretion in imposing a period of supervised probation, which 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] ). In light of the seriousness of the underlying act of animal cruelty, appellant's need for continuing mental health and drug treatment, appellant's mother's professed inability to adequately supervise him, and appellant's history of poor school attendance, an adjournment in contemplation of dismissal would not have provided sufficient supervision.