Opinion
11102 24465/18
02-25-2020
In re William E., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. James E. Johnson, Corporation Counsel, New York (Jesse A. Townsend of counsel), for presentment agency.
Dawne A. Mitchell, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York (Jesse A. Townsend of counsel), for presentment agency.
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 11, 2019, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him 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 him 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 NY2d 947 [1984]). An adjournment in contemplation of dismissal would not have provided sufficient supervision, in view of appellant's deliberately violent underlying offense, lack of remorse, history of violent behavior, admitted membership in a gang as well as other negative associations, history of substance abuse, pattern of truancy, poor academic performance and school suspensions, and history of behavioral problems at home.
Appellant's remaining arguments are unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: FEBRUARY 25, 2020
CLERK