In re Jeremy B.

Appellate Division of the Supreme Court of New York

In re Jeremy B.

12 A.D.3d 209, 783 N.Y.S.2d 808, 2004 N.Y. App. Div. LEXIS 13185

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

DecidedNovember 9, 2004

StatusPublished

This text of 12 A.D.3d 209 (In re Jeremy 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 Jeremy B., 12 A.D.3d 209, 783 N.Y.S.2d 808, 2004 N.Y. App. Div. LEXIS 13185 (N.Y. Ct. App. 2004).

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Opinion

Order, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about October 30, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act which, if committed by an adult, would constitute the crime of sexual abuse in the third degree, and placed him on probation for a period of 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. There is no basis for disturbing the court’s credibility determinations, including its evaluation of conflicting testimony (see People v Gaimari, 176 NY 84, 94 [1903]). Concur—Nardelli, J.P., Mazzarelli, Lerner, Friedman and Marlow, JJ.

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Order, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about October 30, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act which, if committed by an adult, would constitute the crime of sexual abuse in the third degree, and placed him on probation for a period of 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. There is no basis for disturbing the court’s credibility determinations, including its evaluation of conflicting testimony (see People v Gaimari, 176 NY 84, 94 [1903]). Concur—Nardelli, J.P., Mazzarelli, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

12 A.D.3d 209, 783 N.Y.S.2d 808, 2004 N.Y. App. Div. LEXIS 13185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jeremy-b-nyappdiv-2004.

Opinion

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