Majority
The court properly exercised its discretion in adjudicating appellant a juvenile delinquent and placing him 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 NY2d 947 [1984]), given defendant’s extremely violent conduct in the underlying incident and the negative factors in his background, including his poor disciplinary and academic record at school. An adjournment in contemplation of dismissal would not have provided a sufficient period of supervision.
Concur — Sweeny, J.P., Acosta, Moskowitz, Kapnick and Kahn, JJ.
Cases cited
- In re Katherine W. 62 NY2d 947 p. 423