In re John C.

Appellate Division of the Supreme Court of New York

In re John C.

186 A.D.2d 493

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

DecidedOctober 27, 1992

StatusPublished

This text of 186 A.D.2d 493 (In re John 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 John C., 186 A.D.2d 493 (N.Y. Ct. App. 1992).

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Opinion

— Order of disposition, Family Court, Bronx County (Susan R. Larabee, J.), entered September 18, 1991, which adjudicated respondent a juvenile delinquent upon a finding that he committed acts which, if committed by an adult, would constitute the crimes of menacing and attempted assault in the third degree, and placed him on probation for one year, unanimously affirmed, without costs.

The court’s finding of guilt, which necessarily depended on its assessment of the complaining witness’s credibility, was based on evidence that complainant was surrounded by respondent and several youths armed with sticks, bricks and bottles, that after respondent verbally threatened physical harm, complainant ran away but was chased and pummeled with bricks thrown by the other youths and a bottle forcefully thrown by respondent, and that the complainant avoided serious injury by ducking the bottle. Such evidence was sufficient to show respondent’s intent to cause complainant physical injury (see generally, People v Bracey, 41 NY2d 296). Concur — Carro, J. P., Milonas, Ellerin and Asch, JJ.

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— Order of disposition, Family Court, Bronx County (Susan R. Larabee, J.), entered September 18, 1991, which adjudicated respondent a juvenile delinquent upon a finding that he committed acts which, if committed by an adult, would constitute the crimes of menacing and attempted assault in the third degree, and placed him on probation for one year, unanimously affirmed, without costs.

The court’s finding of guilt, which necessarily depended on its assessment of the complaining witness’s credibility, was based on evidence that complainant was surrounded by respondent and several youths armed with sticks, bricks and bottles, that after respondent verbally threatened physical harm, complainant ran away but was chased and pummeled with bricks thrown by the other youths and a bottle forcefully thrown by respondent, and that the complainant avoided serious injury by ducking the bottle. Such evidence was sufficient to show respondent’s intent to cause complainant physical injury (see generally, People v Bracey, 41 NY2d 296). Concur — Carro, J. P., Milonas, Ellerin and Asch, JJ.

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Bluebook (online)

186 A.D.2d 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-john-c-nyappdiv-1992.