In re Billy J.

Appellate Division of the Supreme Court of New York

In re Billy J.

295 A.D.2d 104, 742 N.Y.S.2d 817, 2002 N.Y. App. Div. LEXIS 5878

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

DecidedJune 4, 2002

StatusPublished

This text of 295 A.D.2d 104 (In re Billy J.) 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 Billy J., 295 A.D.2d 104, 742 N.Y.S.2d 817, 2002 N.Y. App. Div. LEXIS 5878 (N.Y. Ct. App. 2002).

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Opinion

—Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about March 15, 2000, adjudicating appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the second degree and assault in the second degree, and placing him with the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court and there is no basis upon which to disturb its determinations. Evidence that the victim sustained a laceration of the lip which required four stitches, a tetanus shot and medication, and that the swelling and pain forced him to miss two days from work, provided abundant proof of the element of physical injury (see, People v Guidice, 83 NY2d 630, 636). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

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—Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about March 15, 2000, adjudicating appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of attempted robbery in the second degree and assault in the second degree, and placing him with the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court and there is no basis upon which to disturb its determinations. Evidence that the victim sustained a laceration of the lip which required four stitches, a tetanus shot and medication, and that the swelling and pain forced him to miss two days from work, provided abundant proof of the element of physical injury (see, People v Guidice, 83 NY2d 630, 636). Concur—Williams, P.J., Saxe, Buckley, Sullivan and Ellerin, JJ.

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Bluebook (online)

295 A.D.2d 104, 742 N.Y.S.2d 817, 2002 N.Y. App. Div. LEXIS 5878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-billy-j-nyappdiv-2002.

Opinion

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