Opinion
14647 Dkt. No. D-1920/20 Case No. 2020-03937
11-18-2021
In the MATTER OF TEANNI D., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Law Office of Lewis S. Calderson, Jamaica (Lewis S. Calderon of counsel), for appellant. Georgia M. Pestana, Corporation Counsel, New York (Diana Lawless of counsel), for presentment agency.
Law Office of Lewis S. Calderson, Jamaica (Lewis S. Calderon of counsel), for appellant.
Georgia M. Pestana, Corporation Counsel, New York (Diana Lawless of counsel), for presentment agency.
Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.
Order, Family Court, New York County (Carol Goldstein, J.), entered on or about July 1, 2020, 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 petit larceny, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.
The court providently exercised its discretion when it adjudicated appellant a juvenile delinquent and placed her on probation, which was recommended by the Probation Department, and 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] ). An adjournment in contemplation of dismissal would not have provided sufficient supervision, in view of the seriousness of the underlying crime, which involved weapons, as well as appellant's lack of remorse or empathy, gang involvement and other negative associations, substance abuse, behavioral problems at school and at home, and arrest for a later incident.