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Matter of Derrick

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 445 (N.Y. App. Div. 1996)

Opinion

June 3, 1996

Appeal from the Family Court, Richmond County (Clark, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presenting agency ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant had committed an act which, if committed by an adult, would constitute assault in the third degree ( see, Penal Law § 120.00). Moreover, the Family Court's findings of fact are to be afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, Matter of Joseph J., 205 A.D.2d 776, 777). Upon the exercise of our factual review power, we find that the finding of guilt was not against the weight of the evidence ( see, CPL 470.15). Sullivan, J.P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

Matter of Derrick

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 1996
228 A.D.2d 445 (N.Y. App. Div. 1996)
Case details for

Matter of Derrick

Case Details

Full title:In the Matter of DERRICK N., Appellant

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

Date published: Jun 3, 1996

Citations

228 A.D.2d 445 (N.Y. App. Div. 1996)
643 N.Y.S.2d 408

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