In re Diana V. , 746 N.Y.2d 902 ( 2002 )

Appellant, 15 years old at the time, admitted having hit a teacher during an altercation in the gym on February 27, 2001. This act would constitute a misdemeanor assault.

Family Court cannot be said to have improvidently exercised its discretion in denying the application for an adjournment in contemplation of dismissal (Matter of Nikkia C., 187 AD2d 581). Nor did the court err in ordering probation (Family Ct Act § 353.2). Concur — Tom, J.P., Andrias, Saxe, Ellerin and Wallach, JJ.