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IN RE OLIVIA
Appellate Division of the Supreme Court of New York, First Department.
Apr 27, 2010
Given the seriousness of the underlying offense, in which appellant brought a box cutter to school and used it to injure a classmate, along with appellant's history of violent behavior, the court properly exercised its discretion in placing appellant on probation. This was the least restrictive dispositional alternative consistent with appellant's needs and the need for protection of the community ( see Matter of Katherine W., 62 NY2d 947), and an adjournment in contemplation of dismissal would not have been appropriate under these circumstances.
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