Matter of Diana P.
2008 NY Slip Op 02466 [49 AD3d 390]
March 18, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


In the Matter of Diana P., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Tamara A. Steckler, The Legal Aid Society, New York City (Diane Pazar of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York City (Drake A. Colley of counsel), for presentment agency.

Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about March 22, 2007, which adjudicated appellant a juvenile delinquent upon her admission that she committed an act which, if committed by an adult, would constitute criminal mischief in the fourth degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The court properly exercised its discretion in adjudicating appellant a juvenile delinquent rather than a person in need of supervision (see e.g. Matter of Rosemary R., 29 AD3d 309 [2006]), in view of her violent conduct toward her father in the underlying incident, as well as appellant's history of violent behavior at school and truancy problems. Concur—Lippman, P.J., Gonzalez, Sweeny and Catterson, JJ.