In re Gustavo C.

Appellate Division of the Supreme Court of New York

In re Gustavo C.

4 A.D.3d 120, 770 N.Y.S.2d 867, 2004 N.Y. App. Div. LEXIS 1099

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

DecidedFebruary 5, 2004

StatusPublished

This text of 4 A.D.3d 120 (In re Gustavo 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 Gustavo C., 4 A.D.3d 120, 770 N.Y.S.2d 867, 2004 N.Y. App. Div. LEXIS 1099 (N.Y. Ct. App. 2004).

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Opinion

Order of disposition, Family Court, Bronx County (Clark Richardson, J), entered on or about October 29, 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 first degree, attempted assault in the second degree (two counts), assault in the second degree and criminal possession of a weapon in the fourth degree, and placed him with the Office of Children and Family Services for a period of up to 18 months, unanimously affirmed, without costs.

The court’s finding 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. The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Buckley, P.J., Andrias, Lerner and Friedman, JJ.

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Order of disposition, Family Court, Bronx County (Clark Richardson, J), entered on or about October 29, 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 first degree, attempted assault in the second degree (two counts), assault in the second degree and criminal possession of a weapon in the fourth degree, and placed him with the Office of Children and Family Services for a period of up to 18 months, unanimously affirmed, without costs.

The court’s finding 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. The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Buckley, P.J., Andrias, Lerner and Friedman, JJ.

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Bluebook (online)

4 A.D.3d 120, 770 N.Y.S.2d 867, 2004 N.Y. App. Div. LEXIS 1099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-gustavo-c-nyappdiv-2004.

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