Home/Appellate Division of the Supreme Court of New York/In re Janel B.

In re Janel B.

82 A.D.3d 1093, 919 N.Y.2d 356
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 22, 2011
StatusPublished

This text of 82 A.D.3d 1093 (In re Janel B.) 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 Janel B., 82 A.D.3d 1093, 919 N.Y.2d 356 (N.Y. Ct. App. 2011).

Opinion

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Ashley P., 74 AD3d 1075, 1075-1076 [2010]; Matter of Eddie J., 68 AD3d 870 [2009]; cf. People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to support the finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). Moreover, upon the exercise of our factual review power (cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we are satisfied that the Family Court’s fact-finding determination was not against the weight of the evidence (see Matter of Robert A., 57 AD3d 770, 771 [2008]; Matter of Jennifer B., 45 AD3d 589 [2007]; Matter of Willie W., 32 AD3d 479, 480 [2006]; Matter of Felix D., 30 AD3d 598, 599 [2006]). Covello, J.E, Dickerson, Eng and Sgroi, JJ., concur.

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Related

People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
Matter of H.
69 N.Y.2d 792 (New York Court of Appeals, 1987)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
In re Felix D.
30 A.D.3d 598 (Appellate Division of the Supreme Court of New York, 2006)
In re Willie W.
32 A.D.3d 479 (Appellate Division of the Supreme Court of New York, 2006)
In re Robert A.
57 A.D.3d 770 (Appellate Division of the Supreme Court of New York, 2008)
In re Eddie J.
68 A.D.3d 870 (Appellate Division of the Supreme Court of New York, 2009)
In re Ashley P.
74 A.D.3d 1075 (Appellate Division of the Supreme Court of New York, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
82 A.D.3d 1093, 919 N.Y.2d 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-janel-b-nyappdiv-2011.