Matter of Aaron B.

Appellate Division of the Supreme Court of New York

Matter of Aaron B.

127 A.D.3d 583, 8 N.Y.S.3d 106

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

DecidedApril 21, 2015

Docket14884

StatusPublished

This text of 127 A.D.3d 583 (Matter of Aaron B.) 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

Matter of Aaron B., 127 A.D.3d 583, 8 N.Y.S.3d 106 (N.Y. Ct. App. 2015).

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Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 5, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful possession of an air pistol, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence, viewed as a whole, satisfied the display element of second-degree menacing (see People v Howard, 92 AD3d 176, 179-180 [1st Dept 2012], affd 22 NY3d 388 [2013]), and also established a sufficient chain of custody to support the weapon possession charges (see People v Julian, 41 NY2d 340 [1977]).

Concur— Acosta, J.P., Saxe, Richter, Gische and Kapnick, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 5, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful possession of an air pistol, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. The evidence, viewed as a whole, satisfied the display element of second-degree menacing (see People v Howard, 92 AD3d 176, 179-180 [1st Dept 2012], affd 22 NY3d 388 [2013]), and also established a sufficient chain of custody to support the weapon possession charges (see People v Julian, 41 NY2d 340 [1977]).

Concur— Acosta, J.P., Saxe, Richter, Gische and Kapnick, JJ.

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Bluebook (online)

127 A.D.3d 583, 8 N.Y.S.3d 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-aaron-b-nyappdiv-2015.

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