Opinion
No. 3374.
April 15, 2008.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 6, 2007, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute assault in the third degree, and imposed a conditional discharge for a period of nine months, unanimously affirmed, without costs.
Presentment Agency Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Ann E. Scherzer of counsel), for presentment agency.
Before: Mazzarelli, J.P., Andrias, Friedman and Sweeny, JJ.
The court properly exercised its discretion in denying appellant's request for a dismissal or an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge (see Matter of Jonaivy Q., 286 AD2d 645), which, given the fact that the incident took place in a school and resulted in a serious injury to a fellow student, was the least restrictive alternative ( see Matter of Katherine W., 62 NY2d 947, 948).