IN RE: AKILINO R. (2011)

IN RE: AKILINO R., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.

Decided: April 26, 2011

MAZZARELLI, J.P., RENWICK, DEGRASSE, FREEDMAN, RICHTER, JJ.

Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about August 3, 2010, which adjudicated appellant a juvenile delinquent upon his admission that he committed the act of unlawful possession of a weapon by a person under 16, and placed him 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 him a juvenile delinquent and imposed a period of probation. The court adopted the least restrictive dispositional alternative consistent with appellant's needs and the needs of the community (see Matter of Katherine W., 62 N.Y.2d 947 [1984] ), given the seriousness of the offense and appellant's poor school record. Appellant brought a knife to school and brandished it at a schoolmate, which resulted in injury to the other boy.

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