Opinion
2021-01062 Ind D1205/20
04-28-2022
In the Matter of Lanze W., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency Appeal No. 15832
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York (Julie Steiner of counsel), for presentment agency.
Dawne A. Mitchell, The Legal Aid Society, New York (Susan Clement of counsel), for appellant.
Sylvia O. Hinds-Radix, Corporation Counsel, New York (Julie Steiner of counsel), for presentment agency.
Before: Acosta, P.J., Manzanet-Daniels, Mazzarelli, Singh, González, JJ.
Order of disposition, Family Court, Bronx County (Gayle P. Roberts, J.), entered on or about January 14, 2021, 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 possession of a firearm, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.
The court providently exercised its discretion when it adjudicated appellant a juvenile delinquent and imposed a conditional discharge. The court adopted the least restrictive dispositional alternative consistent with appellant's needs and the community's need for protection (see Matter of Katherine W., 62 N.Y.2d 947 [1984]). Given the seriousness of the underlying offense, which involved possession of a loaded firearm, as well as appellant's high degree of school absence and lateness, the court providently concluded that the circumstances justified at least a conditional discharge, which provided a longer period of supervision than an adjournment in contemplation of dismissal (see Matter of Alrick J., 58 A.D.3d 457 [1st Dept 2004]).