Opinion
2011-10-18
In the Matter of TANZA A. (Anonymous), appellant.
Steven Banks, New York, N.Y. (Tamara A. Steckler and Patricia Colella of counsel), for appellant.Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Elizabeth S. Natrella of counsel; Ingrid Gustafson on the brief), for respondent.
In a juvenile delinquency proceeding pursuant to Family Court Act article 3, Tanza A. appeals from an order of disposition of the Family Court, Kings County (Freeman, J.), dated December 15, 2010, which, upon a fact-finding order of the same court dated October 28, 2010, made after a hearing, finding that she committed acts which, if committed by an adult, would have constituted the crimes of obstructing governmental administration in the second degree and resisting arrest, adjudged her to be a juvenile delinquent and placed her on probation for a period of 12 months.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621; Matter of Charles S., 41 A.D.3d 484, 485, 838 N.Y.S.2d 136), we find that it was legally sufficient to support the finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of obstructing governmental administration in the second degree and resisting arrest. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( cf. CPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the opportunity of the trier of fact to view the witnesses, hear the testimony, and observe demeanor ( cf. People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we are satisfied that the Family Court's fact-finding determinations were not against the weight of the evidence ( cf. People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
MASTRO, J.P., ANGIOLILLO, BELEN and LOTT, JJ., concur.