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 October 16, 2012
Tom, J.P., Mazzarelli, Andrias, DeGrasse, Roman, JJ.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about May 9, 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 denied appellant's request to convert the proceeding to a person in need of supervision proceeding, and instead adjudicated him a juvenile delinquent and placed him on probation. The underlying incident was a violent attack on appellant's mother that involved a weapon. In addition, appellant had a history of physical altercations and intimidation, both in the home and at school, as well as a poor school record (see e.g. Matter of Rosemary R., 29 AD3d 309 [1st Dept 2006]). The court properly concluded that probation pursuant to a juvenile delinquency adjudication was necessary in order to provide the proper level of control over appellant's behavior, and we reject appellant's arguments to the contrary.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 16, 2012
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