In re Angel N.

Appellate Division of the Supreme Court of New York

In re Angel N.

33 A.D.3d 391, 822 N.Y.S.2d 75

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

DecidedOctober 10, 2006

StatusPublished

This text of 33 A.D.3d 391 (In re Angel N.) 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 Angel N., 33 A.D.3d 391, 822 N.Y.S.2d 75 (N.Y. Ct. App. 2006).

Pincite

Opinion

Order of disposition, Family Court, New York Comity (Susan R. Larabee, J.), entered on or about December 28, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court properly found good cause for a very brief adjournment of the fact-finding hearing (see Matter of Tashaba D., 24 AD3d 148 [2005]). The presentment agency reported that the elderly victim was ill, and there was an indication in the record of inclement weather. Although appellant was in detention, this was the first and only adjournment of the fact-finding proceeding. Under these circumstances, the court properly exercised its discretion in making a finding of good cause without obtaining further information as to the nature of the victim’s illness.

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 (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Andrias, J.P., Nardelli, Gonzalez, Sweeny and Catterson, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order of disposition, Family Court, New York Comity (Susan R. Larabee, J.), entered on or about December 28, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and menacing in the second degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court properly found good cause for a very brief adjournment of the fact-finding hearing (see Matter of Tashaba D., 24 AD3d 148 [2005]). The presentment agency reported that the elderly victim was ill, and there was an indication in the record of inclement weather. Although appellant was in detention, this was the first and only adjournment of the fact-finding proceeding. Under these circumstances, the court properly exercised its discretion in making a finding of good cause without obtaining further information as to the nature of the victim’s illness.

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 (see People v Gaimari, 176 NY 84, 94 [1903]). The evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Andrias, J.P., Nardelli, Gonzalez, Sweeny and Catterson, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.3d 391, 822 N.Y.S.2d 75, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-angel-n-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack