Opinion
1823
October 9, 2003.
Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about August 20, 2002, adjudicating appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute assault in the second degree, and placed him in the custody of the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
Judith Stern, for Yubriel I.
Tahirih M. Sadrieh, for Presentment Agency.
Before: Nardelli, J.P., Tom, Sullivan, Ellerin, Friedman, JJ.
The court's finding was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility. The court properly credited testimony that disproved appellant's justification defense beyond a reasonable doubt.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.