Opinion
No. 4057.
January 18, 2011.
Order of disposition, Family Court, Bronx County (Robert R. Reed, J., at fact-finding determination; Nancy M. Bannon, J., at disposition), entered on or about February 22, 2010, which adjudicated appellant a juve-nile delinquent upon his admission that he committed an act which, if committed by an adult, would constitute the crime of menacing 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 (Fay Ng of counsel), for presentment agency.
Before: Gonzalez, P.J., Mazzarelli, Moskowitz, Acosta and Roman, JJ.
The court properly exercised its discretion in denying appellant's request for an adjournment in contemplation of dismissal (ACD), and instead adjudicating him a juvenile delinquent and imposing a term of probation. That disposition was the least restrictive alternative consistent with the needs of appellant and the community in light of appellant's behavioral problems, the violent nature of the underlying incident, and the very short duration of any supervision that an ACD might have provided ( see Matter of (Catherine W., 62 NY2d 947).