Opinion
15832 Ind. No. D1205/20 Case No. 2021-01062
04-28-2022
In the MATTER OF LANZE W., A Person Alleged to be a Juvenile Delinquent, Appellant. 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.
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.
Acosta, P.J., Manzanet–Daniels, Mazzarelli, Singh, Gonza´lez, 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, 479 N.Y.S.2d 190, 468 N.E.2d 28 [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, 871 N.Y.S.2d 95 [1st Dept. 2004] ).