Matter of Ganjel P.

131 A.D.3d 877, 16 N.Y.S.3d 724
Appellate Division of the Supreme Court of the State of New York·Decided September 29, 2015·No. 15706·Published

Opinion

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 11, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

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 evidence established that appellant was the initial aggressor, and it disproved his justification defense beyond a reasonable doubt.

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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Matter of Ganjel P., 131 A.D.3d 877, 16 N.Y.S.3d 724 (N.Y. Ct. App. 2015).

131 A.D.3d 877 (Matter of Ganjel P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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