| Matter of Bryant M. |
| 2011 NY Slip Op 01736 [82 AD3d 509] |
| March 10, 2011 |
| Appellate Division, First Department |
| In the Matter of Bryant M., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Susan B. Eisner of counsel), forpresentment agency.
Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or aboutDecember 9, 2009, which adjudicated appellant a juvenile delinquent upon his admission that hecommitted an act that, if committed by an adult, would constitute the crime of sexual abuse in thethird degree, and imposed a conditional discharge for a period of 12 months, unanimouslyaffirmed, without costs.
The court properly exercised its discretion in denying appellant's request for an adjournmentin contemplation of dismissal, and instead adjudicating him a juvenile delinquent and imposing aconditional discharge, with the condition that he participate in a sex offender treatment program.When nearly 16 years old, appellant engaged in sexual conduct with a 10-year-old girl. In light ofthe seriousness of the underlying incident and the very short duration of any supervision that anACD might have provided, the court adopted the least restrictive dispositional alternativeconsistent with appellant's needs and those of the community (see Matter of KatherineW., 62 NY2d 947 [1984]). Concur—Saxe, J.P., Friedman, Acosta, DeGrasse andRichter, JJ.