Appellate Division of the Supreme Court of New York, 2008

In re Joan V.

In re Joan V.
Appellate Division of the Supreme Court of New York · Decided April 15, 2008
50 A.D.3d 450; 856 N.Y.S.2d 66
In re Joan V.

Opinion of the Court

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 6, 2007, which adjudicated appellant a juvenile delinquent, upon his admission that he committed an act which, if committed by an adult, would constitute assault in the third degree, and imposed a conditional discharge for a period of nine months, unanimously affirmed, without costs.

The court properly exercised its discretion in denying appellant’s request for a dismissal or an adjournment in contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing a conditional discharge (see Matter of Jonaivy Q., 286 AD2d 645 [2001]), which, given the fact that the incident took place in a school and resulted in a serious injury to a fellow student, was the least restrictive alternative (see Matter of Katherine W., 62 NY2d 947, 948 [1984]). Concur— Mazzarelli, J.E, Andrias, Friedman and Sweeny, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.