Matter of Perry C.

Matter of Perry C. 2012 NY Slip Op 02061 Decided on March 20, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 20, 2012
Mazzarelli, J.P., Saxe, Renwick, Richter, Abdus-Salaam, JJ.
7151

[*1]In re Perry C., A Person Alleged to be a Juvenile Delinquent, Appellant,

Presentment Agency


Richard L. Herzfeld, P.C., New York (Richard L. Herzfeld of
counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan B.
Eisner of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about July 27, 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 menacing 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 court adopted the least restrictive dispositional alternative consistent with appellant's needs and those of the community (see Matter of Katherine W., 62 NY2d 947 [1984]). The seriousness of the underlying robbery, along with appellant's poor school attendance record, justified a longer period of supervision than an ACD would have provided.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MARCH 20, 2012

CLERK