Opinion
12-03-2015
In re BRENDA B., A Person Alleged to be a Juvenile Delinquent, Appellant.Presentment Agency.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for presentment agency.
Opinion
Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about June 10, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.
The petition and accompanying deposition were legally sufficient. The detailed factual allegations supported reasonable inferences that the victim sustained a physical injury, and that the injury was inflicted by means of an object that constituted a dangerous instrument (see Matter of Shaquille M., 94 A.D.3d 445, 941 N.Y.S.2d 586 [1st Dept.2012] ).
The fact-finding determination was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The victim's testimony, along with corroborating evidence including a videotape, established the physical injury and dangerous instrument elements.
FRIEDMAN, J.P., RENWICK, SAXE, KAPNICK, JJ., concur.