In re Bruce B.

Appellate Division of the Supreme Court of New York

In re Bruce B.

267 A.D.2d 180, 701 N.Y.S.2d 29, 1999 N.Y. App. Div. LEXIS 13407

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

DecidedDecember 28, 1999

StatusPublished

This text of 267 A.D.2d 180 (In re Bruce 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 Bruce B., 267 A.D.2d 180, 701 N.Y.S.2d 29, 1999 N.Y. App. Div. LEXIS 13407 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about September 18, 1998, 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 attempted assault in the second degree, criminal possession of a weapon in the fourth degree, unlawful possession of weapons by persons under sixteen, and attempted assault in the third degree, and placed him on probation for a period of 18 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 evidence [181]*181supported reasonable inferences that appellant and another perpetrator urged a third perpetrator to fire a BB gun, and that, given the totality of circumstances, this communication was intended to mean that the weapon was to be fired at the complainant, for the purpose of causing physical injury. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

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—Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about September 18, 1998, 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 attempted assault in the second degree, criminal possession of a weapon in the fourth degree, unlawful possession of weapons by persons under sixteen, and attempted assault in the third degree, and placed him on probation for a period of 18 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 evidence [181]*181supported reasonable inferences that appellant and another perpetrator urged a third perpetrator to fire a BB gun, and that, given the totality of circumstances, this communication was intended to mean that the weapon was to be fired at the complainant, for the purpose of causing physical injury. Concur — Sullivan, J. P., Nardelli, Rubin, Andrias and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 180, 701 N.Y.S.2d 29, 1999 N.Y. App. Div. LEXIS 13407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-bruce-b-nyappdiv-1999.