In re Yesenia R.

Appellate Division of the Supreme Court of New York

In re Yesenia R.

17 A.D.3d 302, 792 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 4478

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

DecidedApril 28, 2005

StatusPublished

This text of 17 A.D.3d 302 (In re Yesenia 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 Yesenia R., 17 A.D.3d 302, 792 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 4478 (N.Y. Ct. App. 2005).

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Opinion

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about February 27, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute two counts of assault in the third degree, and placed her on probation for a period of 8 months, unanimously affirmed, without costs.

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 Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Saxe, J.P., Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about February 27, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed acts which, if committed by an adult, would constitute two counts of assault in the third degree, and placed her on probation for a period of 8 months, unanimously affirmed, without costs.

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 Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved appellant’s justification defense beyond a reasonable doubt. Concur—Saxe, J.P., Friedman, Nardelli, Gonzalez and Catterson, JJ.

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Bluebook (online)

17 A.D.3d 302, 792 N.Y.S.2d 903, 2005 N.Y. App. Div. LEXIS 4478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-yesenia-r-nyappdiv-2005.

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