Matter of Nathaniel S., 2011 NY Slip Op 09530 [90 AD3d 576]

Dcmbr 27, 2011

Appellate Division, First Department

— [*1]

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

Michael A. Cardozo, Corporation Counsel, New York (Ronald E. Sternberg of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about November 9, 2010, 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 properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquent and placed him on probation. The underlying offense was an egregious assault on a school employee, causing injury. In addition, appellant’s school record was generally poor, and the probation report recommended probation. Accordingly, that disposition 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]). Concur—Mazzarelli, J.P., Friedman, Catterson, Renwick and Freedman, JJ..