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In re Tukayra W

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2003
309 A.D.2d 623 (N.Y. App. Div. 2003)

Opinion

1907.

October 21, 2003.

Order of disposition, Family Court, Bronx County (Clark Richardson, J.), entered on or about January 25, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding that she committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

George E. Reed, Jr. for appellant.

Sharyn Rootenberg for Presentment Agency.

Before: Tom, J.P., Saxe, Rosenberger, Marlow, 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 and identification. There was ample evidence of physical injury (see People v. Guidice, 83 N.Y.2d 630, 636).

Defendant's challenge to the form of the court's finding is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court entered a sufficiently specific fact-finding determination that complied with statutory requirements (see Family Ct Act § 342.1; § 345.1) when it determined that appellant committed an act constituting third-degree assault.

Appellant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Tukayra W

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 2003
309 A.D.2d 623 (N.Y. App. Div. 2003)
Case details for

In re Tukayra W

Case Details

Full title:IN RE TUKAYRA W., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, Appellant…

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

Date published: Oct 21, 2003

Citations

309 A.D.2d 623 (N.Y. App. Div. 2003)
765 N.Y.S.2d 784