Opinion
2012-02-16
In re DORIAN L., A Person Alleged to be a Juvenile Delinquent, Appellant.Presentment Agency.
Tamara A Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for presentment agency.
Tamara A Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for presentment agency.
FRIEDMAN, J.P., SWEENY, ACOSTA, RENWICK, ABDUS–SALAAM, JJ.
Order of disposition, Family Court, Bronx County (Allen G. Alpert, J.), entered on or about September 1, 2010, 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 assault in the second degree, attempted assault in the second degree and criminal possession of a weapon in the fourth degree, and placed him on probation for a period of 18 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 credibility determinations. The evidence disproved appellant's justification defense beyond a reasonable doubt.
To the extent the court erred in denying appellant's request for a missing witness charge, the error was harmless, as there was overwhelming evidence of appellant's guilt ( see People v. Fields, 76 N.Y.2d 761, 559 N.Y.S.2d 951, 559 N.E.2d 645 [1990]; People v. Abelson, 27 A.D.3d 301, 812 N.Y.S.2d 47 [2006] ). Appellant's remaining contention is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.