Opinion
1802
October 9, 2003.
Order of disposition, Family Court, Bronx County (Cira Martinez, J. at suppression hearing; Clark Richardson, J. at fact-finding and dispositional hearings), entered on or about August 20, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of criminally negligent homicide, and conditionally discharged her for a period of 12 months, unanimously affirmed, without costs.
Raymond E. Rogers, for Rennette B.
Scott Shorr, for Presentment Agency.
Before: Saxe, J.P., Rosenberger, Williams, Marlow, Gonzalez, JJ.
Although the record fails to support the presentment agency's claim that appellant consented to the disposition, we conclude that the court properly exercised its discretion when it imposed a conditional discharge. That disposition was the least restrictive alternative consistent with appellant's needs and the need for protection of the community (see Matter of Katherine W., 62 N.Y.2d 947) . There is no basis for dismissal of the petition in the interests of justice (see Family Court Act § 315.2).
We adhere to our determination rendered on the presentment agency's prior appeal wherein this Court reversed an order granting appellant's motion to suppress statements ( 281 A.D.2d 78).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.