In re Joan V.

Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2008-04-15
Citations: 50 A.D.3d 450, 856 N.Y.S.2d 66
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Lead Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 6, 2007, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute assault in the third degree, and imposed a conditional discharge for a period of nine months, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s request for a dismissal or an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge (see Matter of Jonaivy Q., 286 AD2d 645 [2001]), which, given the fact that the incident took place in a school and resulted in a serious injury to a fellow student, was the least restrictive alternative (see Matter of Katherine W., 62 NY2d 947, 948 [1984]). Concur— Mazzarelli, J.E, Andrias, Friedman and Sweeny, JJ.