Opinion
2017–07520 Docket Nos. D–3360–17, D–4535–17
05-09-2018
In the MATTER OF FRANKLIN D.U. (Anonymous), appellant.
Arza Feldman, Uniondale, NY, for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Ralph M.C. Sabatino of counsel), for respondent.
Arza Feldman, Uniondale, NY, for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Ralph M.C. Sabatino of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
In related juvenile delinquency proceedings, Franklin D.U. appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Philip Goglas, J.), dated June 19, 2017. The order of fact-finding and disposition, insofar as appealed from, adjudicated Franklin D.U. a juvenile delinquent upon a finding that he committed acts which, if committed by an adult, would have constituted the crimes of menacing in the second degree (two counts) and criminal possession of a weapon in the fourth degree (two counts), and placed him in the custody of the New York State Office of Children & Family Services for a period of one year.
ORDERED that the order of fact-finding and disposition is affirmed insofar as appealed from, without costs or disbursements. Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621 ), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crimes of menacing in the second degree (two counts) and criminal possession of a weapon in the fourth degree (two counts) (see Penal Law §§ 10.00[13] ; 120.14[1]; 265.01[2] ). Moreover, upon our independent review of the record, we are satisfied that the Family Court's fact-finding determination as to these counts was not against the weight of the evidence (see Matter of Cromwell S., 154 A.D.3d 857, 858, 61 N.Y.S.3d 694 ; Matter of Heydi M., 154 A.D.3d 759, 761, 61 N.Y.S.3d 909 ).
RIVERA, J.P., HINDS–RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.