IN RE: ZYAIRE C. (2018)

Order of disposition, Family Court, New York County (Stewart H. Weinstein, J.), entered on or about January 5, 2017, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute attempted robbery in the first degree and criminal possession of a weapon in the fourth degree, and placed him on level three probation a period of 18 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  There is no basis for disturbing the court's credibility determinations.  Appellant's intent to commit robbery could be readily inferred from his acts of displaying a knife and threatening to cut the victim unless he surrendered his bicycle.

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 N.Y.2d 947, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ), in light of the seriousness of the offense, the unfavorable factors in appellant's background, and the very limited period of supervision that would have been provided by an adjournment in contemplation of dismissal.