From Casetext: Smarter Legal Research

In re Dane

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2008
53 A.D.3d 493 (N.Y. App. Div. 2008)

Opinion

July 1, 2008.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Suffolk County (Hoffman, J.), dated July 17, 2007, which, upon a fact-finding determination of the same court dated May 29, 2007, made after a hearing, finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of forcible touching, and after a dispositional hearing, adjudicated him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding determination dated May 29, 2007.

Before: Skelos, J.P., Covello, Leventhal and Belen, JJ.


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

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 NY2d 792, 793), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crime of forcible touching ( see Penal Law § 130.52; cf. Matter of Marcus M., 287 AD2d 505). Moreover, upon the exercise of our factual review power ( cf. CPL 470.15), we are satisfied that the Family Court's determination was not against the weight of the evidence ( see Matter of Rahmel S., 4 AD3d 365, 366).

The appellant's remaining contentions are without merit.


Summaries of

In re Dane

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 2008
53 A.D.3d 493 (N.Y. App. Div. 2008)
Case details for

In re Dane

Case Details

Full title:In the Matter of DANE L., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 2008

Citations

53 A.D.3d 493 (N.Y. App. Div. 2008)
859 N.Y.S.2d 566