| Matter of Yonathan A. |
| 2010 NY Slip Op 01596 [70 AD3d 602] |
| February 25, 2010 |
| Appellate Division, First Department |
| In the Matter of Yonathan A., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), forpresentment agency.
Order, Family Court, New York County (Mary E. Bednar, J.), entered on or about May 6,2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination thathe had committed acts which, if committed by an adult, would constitute the crime of forcibletouching, and placed him on probation for a period of 12 months, unanimously affirmed, withoutcosts.
The court properly exercised its discretion when it denied appellant's request for anadjournment in contemplation of dismissal (ACD), and instead adjudicated him a juveniledelinquent and imposed a period of supervised probation. The court adopted the least restrictivedispositional alternative consistent with appellant's needs and those of the community, given theseriousness of the underlying sexual conduct, along with appellant's truancy (see Matter ofKatherine W., 62 NY2d 947 [1984]). Although appellant was already receiving therapy,probation supervision was necessary because the supervision available under an ACD wouldhave been inadequate, in both scope and duration, to ensure compliance.Concur—Andrias, J.P., Saxe, Sweeny, Freedman and RomÁn, JJ.