Matter of Florin R.

Matter of Florin R. 2010 NY Slip Op 04111 [73 AD3d 533] May 13, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2010

In the Matter of Florin R., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

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

Order, Family Court, New York County (George J. Silver, J.), entered on or about October 7, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, 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 in imposing a period of supervised probation rather than granting appellant's request for an adjournment in contemplation of dismissal (ACD). Probation was the least restrictive alternative consistent with appellant's needs and those of the community, given the violent nature of the offense, which involved an unprovoked attack on another boy who had allegedly given appellant a dirty look months before (see e.g. Matter of Elias A., 61 AD3d 425 [2009]). The evidence supported the conclusion that appellant would benefit from referral to counseling for anger management issues, and that he was in need of supervision for a longer period than six months, which would have been the maximum period available under an ACD (see id.). Concur—Andrias, J.P., Catterson, Renwick, Richter and RomÁn, JJ.