New York Supreme and/or Appellate Courts Appellate Division, First Department
April 17, 2012
IN RE EUGENE T., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY
Matter of Eugene T.
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 April 17, 2012
Andrias, J.P., Friedman, Moskowitz, Freedman, Manzanet-Daniels. JJ.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about June 20, 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 adjudicated appellant a juvenile delinquent and placed him on probation rather than adjudicating him a person in need of supervision. The 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 ). The underlying incident was a serious and violent attack by appellant on his mother and sister. In addition, appellant had a history of violence and intimidation at home and at school, as well as gang associations.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: APRIL 17, 2012
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