Matter of Savannah D.
2012 NY Slip Op 03279 [94 AD3d 675]
April 26, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


In the Matter of Savannah D., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Michael A. Cardozo, Corporation Counsel, New York (Sean M. Nelson of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 8, 2011, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of attempted assault in the second degree and menacing in the third degree, and placed her 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 her a juvenile delinquent and placed her on probation. That disposition, which was recommended by the Department of Probation, 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 conduct was serious, in that it involved violent and disruptive behavior at school, culminating in appellant's attack on a teacher. In addition, appellant's school record was poor and she was in need of continuing counseling services Concur—Andrias, J.P., Saxe, Catterson, Renwick and Román, JJ.