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  5. 80 N.Y.2d 792 (1992)
 

MATTER OF M.

80 N.Y.2d 792 (1992)

In the Matter of Dwight M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Court of Appeals of the State of New York.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Ardeth L. Houde, Law Guardian, for appellant.

Charles S. Turner, County Attorney (Ronald A. Case of counsel), for respondent.

O. Peter Sherwood, Corporation Counsel (Stephen J. McGrath and Kathleen Alberton of counsel), for Corporation Counsel of the City of New York, a Presentment Agency, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Appellant contends that it was improper for the Family Court to base his juvenile delinquency adjudication upon a finding that he had committed a lesser included crime (assault in the third degree) of the only crime charged in the petition (assault in the second degree). We disagree.

The Family Court has long been recognized...

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