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In Re Christina M.

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 21, 2012

IN RE CHRISTINA M., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY

Matter of Christina M.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 21, 2012

Andrias, J.P., Saxe, Acosta, Freedman, Richter, JJ.

Order of disposition, Family Court, Bronx County (Nancy M. Bannon, J.), entered on or about October 6, 2010, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree, and menacing in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant's request for an adjournment in contemplation of dismissal, and instead adjudicated her a juvenile delinquent and placed her on probation. The court adopted the least restrictive dispositional alternative consistent with appellant's needs and those of the community (see Matter of Katherine W., 62 NY2d 947 [1984]). The seriousness of the offenses and appellant's poor school attendance record justified a longer period of supervision than an ACD would have provided.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 21, 2012

CLERK

20120221

© 1992-2012 VersusLaw Inc.



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