Infants - Juvenile Delinquents - Sentence of Probation - Less Restrictive than Recommendation

Order of disposition, Family Court, Bronx County (Cynthia Lopez, J.), entered on or about December 2, 2024, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for a period of six months, unanimously affirmed, without costs.

The court providently exercised its discretion in finding that probation was the least restrictive dispositional alternative necessary to meet appellant's needs and the community's need for protection considering the seriousness of the offense, which involved appellant assaulting a classmate at her middle school with a knife (see Family Ct Act § 352.2 [2] [a]; Matter of Katherine W., 62 NY2d 947, 948 [1984]). The court weighed all factors in coming to its disposition and imposed a sentence less restrictive than the Department of Probation's recommendation. It also properly concluded that, "notwithstanding certain positive strides," probation was appropriate, particularly as appellant had a relevant and recent school disciplinary history, including for possession of a weapon (see Matter of Brydyn R., 129 AD3d 416, 416-417 [1st Dept 2015]; Matter of Satondji F., 170 AD3d 480 [1st Dept 2019]). Concur—Kern, J.P., Kennedy, Higgitt, O'Neill Levy, Chan, JJ.