Matter of Bryan E.

Matter of Bryan E. 2011 NY Slip Op 07677 Decided on November 1, 2011 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 November 1, 2011
Gonzalez, P.J., Tom, Sweeny, Renwick, Román, JJ.
5906

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

Presentment Agency.


Tamara A. Steckler, The Legal Aid Society, New York (Judith
Waksberg of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Norman
Corenthal of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 21, 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 assault in the third degree, and placed him on enhanced supervised probation for a period of 18 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 enhanced supervised probation. 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]). The underlying incident was a particularly violent robbery, and, although appellant does not have prior conflicts with the law, he has a very serious school disciplinary record.

Accordingly, the court properly concluded that appellant was in need of the duration and scope of supervision accorded by enhanced supervised probation.

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

ENTERED: NOVEMBER 1, 2011

CLERK