Opinion
03-03-2016
In re TIONE M., A Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Marta Ross of counsel), for presentment agency.
Order of disposition, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about December 16, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of menacing in the third degree, and placed him on probation for a period of 18 months, unanimously affirmed, without costs.
The court's finding was supported by 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 victim's testimony established that appellant, while acting in concert with others, chased the victim and demanded money from him, causing him to reasonably fear an attack (see Matter of Orenzo H., 33 A.D.3d 492, 822 N.Y.S.2d 532 [1st Dept.2006] ). This evidence supported the elements of third-degree menacing. Appellant's alternative interpretations of these events are unavailing.
TOM, J.P., SAXE, RICHTER, KAPNICK, JJ., concur.