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IN RE: KAL–EL A., A Person Alleged to be a Juvenile Delinquent, Appellant.
Order of disposition, Family Court, New York County (Hasa A. Kingo, J.), entered on or about December 6, 2023, which adjudicated appellant a juvenile delinquent upon his admission that he committed an act that, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed him on level one probation for a period of 18 months, unanimously affirmed, without costs.
The court providently exercised its discretion in finding that probation was the least restrictive dispositional alternative necessary to meet the needs of appellant and to protect the community (Family Ct Act § 352.2[2][a]; see Matter of Katherine W., 62 N.Y.2d 947, 948 [1984]). Although this was appellant's first arrest, his significant participation with other juveniles in the assault of an elderly man, causing him to sustain injuries including a broken jaw, was a serious offense justifying probation (see Matter of A.V., 173 AD3d 556, 556–557 [1st Dept 2019]; Matter of Daquan S., 139 AD3d 418, 418 [1st Dept 2016]).
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Docket No: 3505
Decided: January 16, 2025
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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