In re Sirena P.

Appellate Division of the Supreme Court of New York

In re Sirena P.

178 A.D.2d 479

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

DecidedDecember 9, 1991

StatusPublished

This text of 178 A.D.2d 479 (In re Sirena P.) 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 Sirena P., 178 A.D.2d 479 (N.Y. Ct. App. 1991).

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Opinion

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Tejada, J.), dated May 18, 1989, which, upon a fact-finding order of the same court, dated March 3, 1989, made [480]*480after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of inciting to riot and resisting arrest, adjudged her a juvenile delinquent and conditionally discharged her for a period of six months. The appeal brings up for review the fact-finding order dated March 3,1989.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency (see, Matter of David H., 69 NY2d 792, 793), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crimes of inciting to riot and resisting arrest (see, Penal Law §§ 240.08, 205.30).

We have examined the appellant’s remaining contention and find that it is without merit. Kunzeman, J. P., Eiber, Miller and Ritter, JJ., concur.

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In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Tejada, J.), dated May 18, 1989, which, upon a fact-finding order of the same court, dated March 3, 1989, made [480]*480after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of inciting to riot and resisting arrest, adjudged her a juvenile delinquent and conditionally discharged her for a period of six months. The appeal brings up for review the fact-finding order dated March 3,1989.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency (see, Matter of David H., 69 NY2d 792, 793), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crimes of inciting to riot and resisting arrest (see, Penal Law §§ 240.08, 205.30).

We have examined the appellant’s remaining contention and find that it is without merit. Kunzeman, J. P., Eiber, Miller and Ritter, JJ., concur.

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Bluebook (online)

178 A.D.2d 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sirena-p-nyappdiv-1991.

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