Matter of Luis P.
2018 NY Slip Op 06989 [165 AD3d 525]
October 18, 2018
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2018


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

Dawne A. Mitchell, The Legal Aid Society, New York (Judith Stern of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Max O. McCann of counsel), for Presentment Agency.

Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about November 20, 2017, which adjudicated appellant a juvenile delinquent upon his admission that he had committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court providently exercised its discretion when it denied appellant's request for an adjournment in contemplation of dismissal. The mitigating factors that appellant cited, including the absence of previous contact with the juvenile justice system, did not outweigh the seriousness of appellant's violent act. Thus, the court providently exercised its discretion in deciding that a 12-month period 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]). Concur—Richter, J.P., Kapnick, Kern, Moulton, JJ.