Opinion
1657
September 30, 2003.
Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about November 14, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant had committed an act which, if committed by an adult, would constitute the crime of assault in the second degree, and placed her on probation for a term of 2 years, unanimously affirmed, without costs.
Eva Pappadopoulos, for appellant.
Alan Beckoff, for Presentment Agency.
Before: Nardelli, J.P., Mazzarelli, Andrias, Ellerin, Marlow, JJ.
The finding was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. Evidence properly credited by the court established that appellant cut the victim with a razor. Furthermore, the evidence warranted the conclusion that appellant was not justified in using a razor against her lone, unarmed opponent (see Penal Law § 35.15[a]; People v. Goetz, 68 N.Y.2d 96; compare Matter of Y.K., 87 N.Y.2d 430).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.