Matter of Kaina M., 2011 NY Slip Op 07698 [89 AD3d 430]

November 1, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about October 22, 2010, 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 assault in the third degree, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and imposed a conditional discharge. Given the seriousness of the underlying assault, which outweighed positive factors in appellant’s background, this 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]).

The incident took place in a school, involved a weapon, and resulted in significant injuries to a fellow student, requiring six staples and 12 stitches. Concur—Friedman, J.P., Catterson, Moskowitz, Freedman and Abdus-Salaam, JJ..