In re Gregory J.

Appellate Division of the Supreme Court of New York

In re Gregory J.

2 A.D.3d 157, 767 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 12879

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

DecidedDecember 4, 2003

StatusPublished

This text of 2 A.D.3d 157 (In re Gregory 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 Gregory J., 2 A.D.3d 157, 767 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 12879 (N.Y. Ct. App. 2003).

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Opinion

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about October 9, 2002, 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 assault in the third degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility, and the credible evidence disproved appellant’s justification defense beyond a reasonable doubt. The victim’s detailed testimony as to the extent of his injuries and resultant pain established the element of physical injury (see People v Guidice, 83 NY2d 630, 636 [1994]).

Under the circumstances, including appellant’s violent behavior, probation was the least restrictive alternative. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about October 9, 2002, 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 assault in the third degree, and placed him on probation for 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court’s determinations concerning credibility, and the credible evidence disproved appellant’s justification defense beyond a reasonable doubt. The victim’s detailed testimony as to the extent of his injuries and resultant pain established the element of physical injury (see People v Guidice, 83 NY2d 630, 636 [1994]).

Under the circumstances, including appellant’s violent behavior, probation was the least restrictive alternative. Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.

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Bluebook (online)

2 A.D.3d 157, 767 N.Y.S.2d 624, 2003 N.Y. App. Div. LEXIS 12879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gregory-j-nyappdiv-2003.

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