In re Astarte M.

Appellate Division of the Supreme Court of New York

In re Astarte M.

305 A.D.2d 196, 758 N.Y.S.2d 800, 2003 N.Y. App. Div. LEXIS 5450

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

DecidedMay 13, 2003

StatusPublished

This text of 305 A.D.2d 196 (In re Astarte M.) 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 Astarte M., 305 A.D.2d 196, 758 N.Y.S.2d 800, 2003 N.Y. App. Div. LEXIS 5450 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered March 12, 2002, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed an act that, if committed by an adult, would constitute the crime of assault in the third degree and conditionally discharged her 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. The court properly considered conflicting testimony and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Testimony properly credited by the court disproved appellant’s justification defense beyond a reasonable doubt. Concur — Buckley, P.J., Andrias, Saxe, Lerner and Marlow, JJ.

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Order of disposition, Family Court, New York County (Mary Bednar, J.), entered March 12, 2002, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed an act that, if committed by an adult, would constitute the crime of assault in the third degree and conditionally discharged her 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. The court properly considered conflicting testimony and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Testimony properly credited by the court disproved appellant’s justification defense beyond a reasonable doubt. Concur — Buckley, P.J., Andrias, Saxe, Lerner and Marlow, JJ.

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Bluebook (online)

305 A.D.2d 196, 758 N.Y.S.2d 800, 2003 N.Y. App. Div. LEXIS 5450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-astarte-m-nyappdiv-2003.

Opinion

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