Matter of Yonathan A.

Matter of Yonathan A. 2010 NY Slip Op 01596 [70 AD3d 602] February 25, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

In the Matter of Yonathan A., 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 (Norman Corenthal of counsel), for presentment agency.

Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about May 6, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he had committed acts which, if committed by an adult, would constitute the crime of forcible touching, 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 (ACD), and instead adjudicated him a juvenile delinquent and imposed a period of supervised probation. The court adopted the least restrictive dispositional alternative consistent with appellant's needs and those of the community, given the seriousness of the underlying sexual conduct, along with appellant's truancy (see Matter of Katherine W., 62 NY2d 947 [1984]). Although appellant was already receiving therapy, probation supervision was necessary because the supervision available under an ACD would have been inadequate, in both scope and duration, to ensure compliance. Concur—Andrias, J.P., Saxe, Sweeny, Freedman and RomÁn, JJ.