In re Alberto B.

Appellate Division of the Supreme Court of New York

In re Alberto B.

15 A.D.3d 187, 788 N.Y.S.2d 605, 2005 N.Y. App. Div. LEXIS 952

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 2005

StatusPublished

This text of 15 A.D.3d 187 (In re Alberto B.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Alberto B., 15 A.D.3d 187, 788 N.Y.S.2d 605, 2005 N.Y. App. Div. LEXIS 952 (N.Y. Ct. App. 2005).

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Opinion

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 13, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility. Appellant’s course of conduct before, during and after the assault, including the fact that he assisted his companions in surrounding the victim, was inconsistent with that of a mere bystander and [188]*188established his accessorial liability (see e.g. Matter of Marc H., 284 AD2d 211 [2001]; Matter of Taalib B., 273 AD2d 27 [2000], lv denied 95 NY2d 764 [2000]). Concur — Saxe, J.E, Friedman, Marlow, Sullivan and Williams, JJ.

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Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about January 13, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility. Appellant’s course of conduct before, during and after the assault, including the fact that he assisted his companions in surrounding the victim, was inconsistent with that of a mere bystander and [188]*188established his accessorial liability (see e.g. Matter of Marc H., 284 AD2d 211 [2001]; Matter of Taalib B., 273 AD2d 27 [2000], lv denied 95 NY2d 764 [2000]). Concur — Saxe, J.E, Friedman, Marlow, Sullivan and Williams, JJ.

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Bluebook (online)

15 A.D.3d 187, 788 N.Y.S.2d 605, 2005 N.Y. App. Div. LEXIS 952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-alberto-b-nyappdiv-2005.

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