IN RE: AYLA W. (Anonymous) (2023)

DECISION & ORDER

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Ayla W. appeals from an order of disposition of the Family Court, Kings County (Alan Beckoff, J.), dated August 18, 2022.  The order of disposition, upon an order of fact-finding dated July 5, 2022, made upon the admission of Ayla W., finding that she committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the second degree, and after a dispositional hearing, adjudicated her a juvenile delinquent and placed her on probation for a period of 12 months.

ORDERED that the order of disposition is affirmed, without costs or disbursements.

In this juvenile delinquency proceeding, the Family Court issued an order of fact-finding, made upon the appellant's admission, finding that she committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the second degree.  After a dispositional hearing, the court issued an order of disposition which adjudicated the appellant a juvenile delinquent and placed her on probation for a period of 12 months.

The Family Court has broad discretion in determining the proper disposition in a juvenile delinquency proceeding (see Family Ct Act § 141;  Matter of Yaakov K., 162 A.D.3d 1028, 1028, 80 N.Y.S.3d 146), and its determination is accorded great deference (see Matter of Shalar N., 162 A.D.3d 882, 883, 80 N.Y.S.3d 103).

Contrary to the appellant's contention, the Family Court providently exercised its discretion in placing her on probation instead of granting her request for an adjournment in contemplation of dismissal (see Family Ct Act §§ 315.3, 352.1, 352.2;  Matter of Jaron D., 204 A.D.3d 999, 1000, 165 N.Y.S.3d 350).  The appellant was not entitled to an adjournment in contemplation of dismissal merely because this was her first encounter with the law, or in light of other mitigating circumstances that she cites (see Matter of Jaron D., 204 A.D.3d at 1000, 165 N.Y.S.3d 350;  Matter of Sheala H., 156 A.D.3d 882, 883, 65 N.Y.S.3d 774).  The disposition was appropriate in light of, among other things, the serious and violent nature of the offense, which involved the use of a weapon, as well as the recommendation of the Department of Probation (see Matter of Jaron D., 204 A.D.3d at 1000, 165 N.Y.S.3d 350;  Matter of Gregory R., 161 A.D.3d 1168, 1169, 74 N.Y.S.3d 511).

BRATHWAITE NELSON, J.P., MALTESE, FORD and WARHIT, JJ., concur.