In re April A.

Appellate Division of the Supreme Court of New York

In re April A.

292 A.D.2d 219, 738 N.Y.S.2d 566, 2002 N.Y. App. Div. LEXIS 2431

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

DecidedMarch 12, 2002

StatusPublished

This text of 292 A.D.2d 219 (In re April A.) 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 April A., 292 A.D.2d 219, 738 N.Y.S.2d 566, 2002 N.Y. App. Div. LEXIS 2431 (N.Y. Ct. App. 2002).

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Opinion

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about April 4, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of resisting arrest and attempted assault in the third degree, and placed her with the State Office of Children and Family Services for a period of up to one year, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Although there was evidence that appellant consumed alcohol before the incident, the record warrants the conclusion that she was not so intoxicated as to negate the element of intent (see, People v Scott, 111 AD2d 45).

We have considered and rejected appellant’s remaining claims. Concur — Saxe, J.P., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about April 4, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of resisting arrest and attempted assault in the third degree, and placed her with the State Office of Children and Family Services for a period of up to one year, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Although there was evidence that appellant consumed alcohol before the incident, the record warrants the conclusion that she was not so intoxicated as to negate the element of intent (see, People v Scott, 111 AD2d 45).

We have considered and rejected appellant’s remaining claims. Concur — Saxe, J.P., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Bluebook (online)

292 A.D.2d 219, 738 N.Y.S.2d 566, 2002 N.Y. App. Div. LEXIS 2431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-april-a-nyappdiv-2002.

Opinion

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