In re Monica R.

Appellate Division of the Supreme Court of New York

In re Monica R.

301 A.D.2d 431, 752 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 313

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

DecidedJanuary 16, 2003

StatusPublished

This text of 301 A.D.2d 431 (In re Monica R.) 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 Monica R., 301 A.D.2d 431, 752 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 313 (N.Y. Ct. App. 2003).

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Opinion

—Order, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 19, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her in the custody of the New York State Office of Children and Family Services for a period of up to one year, unanimously affirmed, without costs.

The court’s finding, in which it rejected appellant’s justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility [432]*432were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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—Order, Family Court, Bronx County (Harold Lynch, J.), entered on or about January 19, 2001, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the third degree, and placed her in the custody of the New York State Office of Children and Family Services for a period of up to one year, unanimously affirmed, without costs.

The court’s finding, in which it rejected appellant’s justification defense, was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility [432]*432were properly considered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94). Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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Bluebook (online)

301 A.D.2d 431, 752 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-monica-r-nyappdiv-2003.

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