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In re David

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 396 (N.Y. App. Div. 2007)

Opinion

No. 2067.

November 15, 2007.

Order of disposition, Family Court, New York County (Susan R. Larabee, J), entered on or about August 29, 2006, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted assault in the second degree, menacing in the third degree and criminal possession of a weapon in the fourth degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

Howard M. Simms, New York, for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for presentment agency.

Before: Andrias, J.P., Marlow, Williams, Buckley and Malone, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v Bleakley, 69 NY2d 490, 495). The evidence credited by the court established each of the charges, and disproved appellant's justification defense, beyond a reasonable doubt. The record does not support appellant's assertion that the court misunderstood or misapplied the proper standard of proof regarding the defense of justification.


Summaries of

In re David

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 396 (N.Y. App. Div. 2007)
Case details for

In re David

Case Details

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

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

Date published: Nov 15, 2007

Citations

45 A.D.3d 396 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8869
845 N.Y.S.2d 309