Opinion
14847
04-16-2015
In re LASHAWN L., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Pamela Seider Dolgow of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Pamela Seider Dolgow of counsel), for presentment agency.
ACOSTA, J.P., SAXE, MOSKOWITZ, RICHTER, JJ.
Opinion
Order, Family Court, New York County (Susan R. Larabee, J.), entered on or about October 30, 2013, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed an act that, if committed by an adult, would constitute the crime of attempted assault in the second degree, and placed her 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 record supports the inference that when appellant threw three textbooks at her teacher, hit her in the face with the top of a box, and then threw a large, hard-edged eraser at her, appellant intended to cause physical injury, a natural and likely consequence of such acts (see People v. Getch, 50 N.Y.2d 456, 465, 429 N.Y.S.2d 579, 407 N.E.2d 425 [1980] ; Matter of Mike R., 121 A.D.3d 433, 993 N.Y.S.2d 33 [1st Dept.2014] ).