In re Johanny M.

Appellate Division of the Supreme Court of New York

In re Johanny M.

40 A.D.3d 283, 833 N.Y.S.2d 892

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

DecidedMay 8, 2007

StatusPublished

This text of 40 A.D.3d 283 (In re Johanny M.) 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 Johanny M., 40 A.D.3d 283, 833 N.Y.S.2d 892 (N.Y. Ct. App. 2007).

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Opinion

Order of disposition, Family Court, Bronx County (Alma Cordova, J), entered on or about May 4, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of gang assault in the first and second degrees, assault in the second degree and menacing in the third degree and placed her with the Office of Children and Family Services for a period of up to 18 months, unanimously modified, on the law, to the extent of vacating the findings as to gang assault in the second degree and assault in the second degree and dismissing those counts of the petition, and otherwise affirmed, without costs.

The court’s finding, which rejected appellant’s claim of justification, 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 Bleakley, 69 NY2d 490, 495 [1987]).

The two counts indicated should have been dismissed as lesser included offenses of first-degree gang assault. Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Gonzalez, JJ.

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Order of disposition, Family Court, Bronx County (Alma Cordova, J), entered on or about May 4, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute the crimes of gang assault in the first and second degrees, assault in the second degree and menacing in the third degree and placed her with the Office of Children and Family Services for a period of up to 18 months, unanimously modified, on the law, to the extent of vacating the findings as to gang assault in the second degree and assault in the second degree and dismissing those counts of the petition, and otherwise affirmed, without costs.

The court’s finding, which rejected appellant’s claim of justification, 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 Bleakley, 69 NY2d 490, 495 [1987]).

The two counts indicated should have been dismissed as lesser included offenses of first-degree gang assault. Concur—Mazzarelli, J.P., Saxe, Sullivan, Nardelli and Gonzalez, JJ.

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Bluebook (online)

40 A.D.3d 283, 833 N.Y.S.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-johanny-m-nyappdiv-2007.

Opinion

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