Opinion
2018–13798 Docket No. D–5233–18
10-23-2019
In the MATTER OF DE'ANDRE K.O. (Anonymous).
John M. Zenir, Garden City, NY, for appellant. Jared A. Kasschau, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel), for respondent.
John M. Zenir, Garden City, NY, for appellant.
Jared A. Kasschau, County Attorney, Mineola, N.Y. (Jackie L. Gross of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, CHERYL E. CHAMBERS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER ORDERED that the order of disposition is affirmed, without costs or disbursements.
" ‘[T]he evidence supporting a fact-finding in a juvenile delinquency proceeding is legally sufficient if, viewing that evidence in the light most favorable to the presentment agency, any rational trier of fact could have found the appellant's commission of all the elements of the charged crimes beyond a reasonable doubt’ " ( Matter of Christopher H. , 123 A.D.3d 713, 714, 997 N.Y.S.2d 682, quoting Matter of Danielle B. , 94 A.D.3d 757, 758, 941 N.Y.S.2d 685 ; see Family Ct Act § 342.2[2] ). Here, when viewed in the light most favorable to the presentment agency, the evidence was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree ( Penal Law § 120.00[1] ).
Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see Matter of Brandon V. , 133 A.D.3d 769, 20 N.Y.S.3d 385 ), we accord great deference to the opportunity of the trier of fact to view the witnesses, hear the testimony, and observe demeanor (see Matter of Darnell G. , 125 A.D.3d 969, 5 N.Y.S.3d 180 ; Matter of Clarissa S. , 83 A.D.3d 1083, 921 N.Y.S.2d 540 ). Upon reviewing the record here, we are satisfied that the Family Court's fact-finding determination was not against the weight of the evidence.
SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.