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

Decided: October 16, 2012

TOM, J.P., MAZZARELLI, ANDRIAS, DeGRASSE, ROMÁN, JJ. Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Michael J. Pastor of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 9, 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 criminal mischief in the fourth degree, and placed him on probation for 12 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 him a juvenile delinquent and placed him on probation. The underlying incident was a violent attack on appellant's mother that involved a weapon. In addition, appellant had a history of physical altercations and intimidation, both in the home and at school, as well as a poor school record (see e.g. Matter of Rosemary R., 29 A.D.3d 309, 813 N.Y.S.2d 300 [1st Dept. 2006] ). The court properly concluded that probation pursuant to a juvenile delinquency adjudication was necessary in order to provide the proper level of control over appellant's behavior, and we reject appellant's arguments to the contrary.