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In the Matter of TYRELL D., a Person Alleged to be a Juvenile Delinquent, Appellant.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant's contention, the Family Court properly chose not to order an adjournment in contemplation of dismissal ( see Family Ct Act § 315.3), but rather, to adjudge the appellant to be a juvenile delinquent ( see Family Ct Act § 352.1) and place him on probation ( see Family Ct Act § 352.2 [b]). Indeed, this disposition was appropriate in light of, inter alia, the nature of the incident, as well as the appellant's poor record of attendance and performance in school ( see Matter of Rosario S., 18 AD3d 563; Matter of Gerald W., 12 AD3d 522; Matter of Nikita P., 3 AD3d 499; Matter of Steven R., 230 AD2d 745; see also Matter of Raymond A., 136 AD2d 700).

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IN THE MATTER OF TYRELL D
(Dec 5, 2005)