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IN RE: Bryan E., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.
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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 21, 2011, 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 assault in the third degree, and placed him on enhanced supervised probation for a period of 18 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 placed him on enhanced supervised probation. This was the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947 [1984] ). The underlying incident was a particularly violent robbery, and, although appellant does not have prior conflicts with the law, he has a very serious school disciplinary record.
Accordingly, the court properly concluded that appellant was in need of the duration and scope of supervision accorded by enhanced supervised probation.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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CLERK
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Docket No: 5906
Decided: November 01, 2011
Court: Supreme Court, Appellate Division, First Department, New York.
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