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In Re Priscilla V.

New York Supreme Court Appellate Division, First Department


October 2, 2012

IN RE PRISCILLA V., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT. PRESENTMENT AGENCY

Matter of Priscilla V.

Decided on October 2, 2012

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.

Friedman, J.P., Acosta, Renwick, Richter, Abdus-Salaam, JJ.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about August 25, 2011, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act that, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed her on probation for a period of 15 months, unanimously affirmed, without costs.

The court properly exercised its discretion when it denied appellant's request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated her a juvenile delinquent and placed her 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]). The underlying incident was a serious and violent attack on appellant's mother. The disposition was also justified by appellant's prior violent acts and general misbehavior in the home, lack of remorse, history of running away from home, truancy and drug use.

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

ENTERED: OCTOBER 2, 2012

CLERK

20121002

© 1992-2012 VersusLaw Inc.



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