In re Donovan C.

Appellate Division of the Supreme Court of New York

In re Donovan C.

22 A.D.3d 268, 801 N.Y.S.2d 738

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

DecidedOctober 11, 2005

StatusPublished

This text of 22 A.D.3d 268 (In re Donovan C.) 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 Donovan C., 22 A.D.3d 268, 801 N.Y.S.2d 738 (N.Y. Ct. App. 2005).

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Opinion

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about March 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him in the custody of the State Office of Children and Family Services 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. There is no basis for disturbing the court’s determinations concerning cred[269]*269ibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.

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Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about March 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of attempted assault in the third degree, and placed him in the custody of the State Office of Children and Family Services 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. There is no basis for disturbing the court’s determinations concerning cred[269]*269ibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Buckley, P.J., Mazzarelli, Andrias, Friedman and Sweeny, JJ.

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Bluebook (online)

22 A.D.3d 268, 801 N.Y.S.2d 738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-donovan-c-nyappdiv-2005.

Opinion

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