Appellate Division of the Supreme Court of New York, 2011

In re Nathaniel S.

In re Nathaniel S.
Appellate Division of the Supreme Court of New York · Decided December 27, 2011
90 A.D.3d 576; 934 N.Y.2d 804
In re Nathaniel S.

Opinion of the Court

The court properly exercised its discretion when it denied appellant’s request for an adjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquent and placed him on probation. The underlying offense was an egregious assault on a school employee, causing injury. In addition, appellant’s school record was generally poor, and the probation report recommended probation. Accordingly, that disposition was the least restrictive dispositional alternative consistent with appellant’s needs and the community’s need for protection (see Matter of Katherine W., 62 NY2d 947 [1984]). Concur— *577Mazzarelli, J.E, Friedman, Catterson, Renwick and Freedman, JJ.

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