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In the Matter of Steven C., a Person Alleged to be a Juvenile Delinquent, Appellant

New York Supreme Court, Appellate Division2012-10-16
99 A.D.3d 570952 N.Y.S.2d 191

Authorities cited

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Opinion

majority opinion

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. Concur — Tom, J.P., Mazzarelli, Andrias, DeGrasse and Román, JJ.