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

Decided: October 02, 2012

FRIEDMAN, J.P., ACOSTA, RENWICK, RICHTER, ABDUS–SALAAM, JJ. Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 25, 2011, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed her on probation for a period of 15 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant's request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated her a juvenile delinquent and placed her on 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, 479 N.Y.S.2d 190, 468 N.E.2d 28 [1984] ). The underlying incident was a serious and violent attack on appellant's mother. The disposition was also justified by appellant's prior violent acts and general misbehavior in the home, lack of remorse, history of running away from home, truancy and drug use.