Opinion
2019-12271 D-7206-19
06-16-2021
In the Matter of Jurell F. (Anonymous), appellant.
Sandra Stines, Woodbury, NY, for appellant. Jared A. Kasschau, County Attorney, Mineola, NY (Robert F. Van der Waag of counsel), for respondent.
Argued - May 25, 2021
D66731 Y/htr
Sandra Stines, Woodbury, NY, for appellant.
Jared A. Kasschau, County Attorney, Mineola, NY (Robert F. Van der Waag of counsel), for respondent.
CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER VALERIE BRATHWAITE NELSON PAUL WOOTEN, JJ.
DECISION & ORDER
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Jurell F. appeals from an order of disposition of the Family Court, Nassau County (Ellen R. Greenberg, J.), dated September 26, 2019. The order of disposition, upon an order of fact-finding of the same court dated September 4, 2019, made after a hearing, finding that Jurell F. committed acts which, if committed by an adult, would have constituted the crime of attempted assault in the third degree, adjudicated him a juvenile delinquent and placed him in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of 12 months.
ORDERED that the appeal from so much of the order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further, ORDERED that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for placement in a limited secure facility for a period of 12 months has been rendered academic, as the period of placement has expired (see Matter of Kevin A.H., 188 A.D.3d 1058; Matter of Dennis P.-A., 170 A.D.3d 727).
Viewing the evidence in the light most favorable to the presentment agency, we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crime of attempted assault in the third degree (see Matter of Meyanah D., 191 A.D.3d 980; Matter of Alex R., 36 A.D.3d 922). Moreover, upon our independent review of the record, we are satisfied that the Family Court's fact-finding determination was not against the weight of the evidence.
The appellant's remaining contention is without merit.
CHAMBERS, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.