In re Erin C.

Appellate Division of the Supreme Court of New York

In re Erin C.

16 A.D.3d 320, 791 N.Y.S.2d 416, 2005 N.Y. App. Div. LEXIS 3223

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

DecidedMarch 29, 2005

StatusPublished

This text of 16 A.D.3d 320 (In re Erin 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 Erin C., 16 A.D.3d 320, 791 N.Y.S.2d 416, 2005 N.Y. App. Div. LEXIS 3223 (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 February 2, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the second degree, and placed her on probation for 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. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). Although the victim did not see a weapon, the nature of her injuries supports the inference that appellant cut her with a knife or other sharp object. Concur—Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about February 2, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the second degree, and placed her on probation for 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. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). Although the victim did not see a weapon, the nature of her injuries supports the inference that appellant cut her with a knife or other sharp object. Concur—Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.

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Bluebook (online)

16 A.D.3d 320, 791 N.Y.S.2d 416, 2005 N.Y. App. Div. LEXIS 3223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-erin-c-nyappdiv-2005.

Opinion

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