| Matter of Alberto R. |
| 2011 NY Slip Op 04106 [84 AD3d 593] |
| May 17, 2011 |
| Appellate Division, First Department |
| In the Matter of Alberto R., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Elina Druker of counsel), forpresentment agency.
Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on orabout June 8, 2010, which adjudicated appellant a juvenile delinquent upon a finding that hecommitted acts that, if committed by an adult, would constitute the crimes of robbery in thesecond degree, grand larceny in the fourth degree, criminal possession of stolen property in thefifth degree, and menacing in the third degree, and placed him on probation for a period of 12months, unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court'scredibility determinations, including its evaluation of inconsistencies in testimony. The evidenceestablished that appellant was not a bystander, but an active participant in the robbery.
The court properly exercised its discretion when it denied appellant's request for anadjournment in contemplation of dismissal, and instead adjudicated him a juvenile delinquentand placed him on probation. Given the seriousness of the underlying offense, this was the leastrestrictive dispositional alternative consistent with appellant's needs and the community's needfor protection (see Matter of Katherine W., 62 NY2d 947 [1984]). Concur—Tom,J.P., Saxe, Catterson, Moskowitz and Manzanet-Daniels, JJ.