In re Rasaad DeF.

Appellate Division of the Supreme Court of New York

In re Rasaad DeF.

49 A.D.3d 446, 853 N.Y.2d 516

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

DecidedMarch 25, 2008

StatusPublished

This text of 49 A.D.3d 446 (In re Rasaad DeF.) 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 Rasaad DeF., 49 A.D.3d 446, 853 N.Y.2d 516 (N.Y. Ct. App. 2008).

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Opinion

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 determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence supports a reasonable inference that appellant threatened a police officer with an apparent pistol and then, while fleeing, divested himself of the object in a manner that escaped the notice of the pursuing police. Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.

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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 determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence supports a reasonable inference that appellant threatened a police officer with an apparent pistol and then, while fleeing, divested himself of the object in a manner that escaped the notice of the pursuing police. Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.

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Bluebook (online)

49 A.D.3d 446, 853 N.Y.2d 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-rasaad-def-nyappdiv-2008.

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