Matter of Jade Q.

Matter of Jade Q. 2007 NY Slip Op 05569 [41 AD3d 327] June 26, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 15, 2007

In the Matter of Jade Q., a Person Alleged to be a Juvenile Delinquent, Appellant.

—[*1] Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Kristin M. Helmers of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about October 13, 2006, which adjudicated appellant a juvenile delinquent, upon her admission that she committed an act which, if committed by an adult, would constitute menacing in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent rather than a person in need of supervision (see e.g. Matter of Rosemary R., 29 AD3d 309 [2006]), in view of the violent nature of appellant's conduct toward her grandmother in the underlying incident, as well as appellant's history of violent behavior at school and truancy problems. Concur—Sullivan, J.P., Buckley, Gonzalez, Sweeny and Kavanagh, JJ.