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In re Rasaad DeF.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 2008
49 A.D.3d 446 (N.Y. App. Div. 2008)

Opinion

No. 3150.

March 25, 2008.

Order of disposition, Family Court, New York County (Mary E. Bednar, J.), entered on or about July 23, 2007, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.

Tamara A. Steckler, The Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Norman Corenthal of counsel), for presentment agency.

Before: Tom, J.P., Andrias, Nardelli and Sweeny, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v Bleakley, 69 NY2d 490, 495). The evidence supports a reasonable inference that appellant threatened a police officer with an apparent pistol and then, while fleeing, divested himself of the object in a manner that escaped the notice of the pursuing police.


Summaries of

In re Rasaad DeF.

Appellate Division of the Supreme Court of New York, First Department
Mar 25, 2008
49 A.D.3d 446 (N.Y. App. Div. 2008)
Case details for

In re Rasaad DeF.

Case Details

Full title:In the Matter of RASAAD DEF, a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 25, 2008

Citations

49 A.D.3d 446 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 2684
853 N.Y.S.2d 516