In re Christian M.

Appellate Division of the Supreme Court of New York

In re Christian M.

2 A.D.3d 268, 768 N.Y.S.2d 330, 2003 N.Y. App. Div. LEXIS 13311

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

DecidedDecember 16, 2003

StatusPublished

This text of 2 A.D.3d 268 (In re Christian 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 Christian M., 2 A.D.3d 268, 768 N.Y.S.2d 330, 2003 N.Y. App. Div. LEXIS 13311 (N.Y. Ct. App. 2003).

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Opinion

—Order of disposition, Family Cotirt, Bronx County (Harold Lynch, J.), entered on or about November 1, 2002, 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 attempted assault in the third degree and petit larceny, and imposed a conditional discharge for a period of 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. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court and we perceive no basis to disturb its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). We have considered and rejected appellant’s remaining arguments. Concur—Nardelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.

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—Order of disposition, Family Cotirt, Bronx County (Harold Lynch, J.), entered on or about November 1, 2002, 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 attempted assault in the third degree and petit larceny, and imposed a conditional discharge for a period of 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. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court and we perceive no basis to disturb its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). We have considered and rejected appellant’s remaining arguments. Concur—Nardelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.

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Bluebook (online)

2 A.D.3d 268, 768 N.Y.S.2d 330, 2003 N.Y. App. Div. LEXIS 13311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-christian-m-nyappdiv-2003.

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