Matter of Latif E., 2011 NY Slip Op 06987 [88 AD3d 470]

October 6, 2011

Appellate Division, First Department

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Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), for appellant.

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

Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about January 12, 2011, 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 attempted grand larceny in the fourth degree, and placed him on probation for a period of nine months, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a term of probation. In light of the violent nature of the underlying offense and appellant’s poor school performance, 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]). Concur—Tom, J.P., Saxe, DeGrasse, Freedman and RomÁn, JJ..