Matter of Cesar P.
2009 NY Slip Op 03397 [61 AD3d 595]
April 28, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


In the Matter of Cesar P., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for presentment agency.

Order, Family Court, Bronx County (Robert R. Reed, J.), entered on or about August 11, 2008, which adjudicated appellant a juvenile delinquent, upon his admission that he had committed an act which, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Given the seriousness of the offense, which involved injury to an assistant principal, as well as appellant's poor performance in school and chronic truancy, the court properly exercised its discretion in placing appellant on probation under the enhanced supervision program. This was the least restrictive dispositional alternative consistent with appellant's needs and the need for protection of the community (see Matter of Katherine W., 62 NY2d 947 [1984]). Appellant's argument that the court should have granted him an adjournment in contemplation of dismissal is unpreserved and without merit. Concur—Mazzarelli, J.P., Andrias, Nardelli, Catterson and DeGrasse, JJ.