Matter of Brenda B.

134 A.D.3d 449, 19 N.Y.S.3d 746
Appellate Division of the Supreme Court of the State of New York·Decided December 3, 2015·No. 16306·Published

Opinion

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about June 10, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that she committed acts that, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her on probation for a period of 12 months, unanimously affirmed, without costs.

The petition and accompanying deposition were legally sufficient. The detailed factual allegations supported reasonable inferences that the victim sustained a physical injury, and that the injury was inflicted by means of an object that constituted a dangerous instrument (see Matter of Shaquille M., 94 AD3d 445 [1st Dept 2012]).

The fact-finding determination was supported by 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 victim’s testimony, along with corroborating evidence including a videotape, established the physical injury and dangerous instrument elements. Concur — Friedman, J.P., Renwick, Saxe and Kapnick, JJ.

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Matter of Brenda B., 134 A.D.3d 449, 19 N.Y.S.3d 746 (N.Y. Ct. App. 2015).

134 A.D.3d 449 (Matter of Brenda B.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
In re Shaquille M.
94 A.D.3d 445 (Appellate Division of the Supreme Court of New York, 2012)