Opinion
04-05-2016
In re CELENE M., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Damion K.L. Stodola of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Damion K.L. Stodola of counsel), for presentment agency.
Opinion
Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about December 17, 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 third degree and menacing in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.
The court's finding was based on 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 determinations concerning identification and credibility. There was ample evidence to establish the element of physical injury (see e.g. People v. Mullings, 105 A.D.3d 407, 961 N.Y.S.2d 470 [1st Dept.2013] lv. denied 21 N.Y.3d 945, 968 N.Y.S.2d 7, 990 N.E.2d 141 [2105] ). We have considered and rejected appellant's arguments concerning the menacing charge, including her challenge to the sufficiency of that count of the petition (see Matter of Orenzo H., 33 A.D.3d 492, 493, 822 N.Y.S.2d 532 [1st Dept.2006] ).
TOM, J.P., FRIEDMAN, RICHTER, GISCHE, GESMER, JJ., concur.