Matter of Jesus F.

Appellate Division of the Supreme Court of New York

Matter of Jesus F.

2016 NY Slip Op 8011, 144 A.D.3d 602, 41 N.Y.S.3d 420

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

DecidedNovember 29, 2016

Docket2325

StatusPublished

Cited by1 cases

This text of 2016 NY Slip Op 8011 (Matter of Jesus F.) 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 Jesus F., 2016 NY Slip Op 8011, 144 A.D.3d 602, 41 N.Y.S.3d 420 (N.Y. Ct. App. 2016).

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Opinion

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 30, 2015, 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 attempted robbery in the first degree, attempted grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree, and menacing in the second degree, and placed him on probation for a period of 18 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 determination that the victim’s testimony, including her account of being threatened by appellant with a knife while he demanded money, was credible.

*603 The knife taken by the victim after it was dropped by appellant, which she then gave to the police, was properly admitted into evidence (see People v Julian, 41 NY2d 340, 342-343 [1977]). In any event, the victim’s testimony established each of the charges involving possession and use of a dangerous instrument, independently of the knife that was in evidence.

Concur—Friedman, J.P., Sweeny, Saxe, Kapnick and Gesmer, JJ.

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Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about July 30, 2015, 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 attempted robbery in the first degree, attempted grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree, and menacing in the second degree, and placed him on probation for a period of 18 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 determination that the victim’s testimony, including her account of being threatened by appellant with a knife while he demanded money, was credible.

*603 The knife taken by the victim after it was dropped by appellant, which she then gave to the police, was properly admitted into evidence (see People v Julian, 41 NY2d 340, 342-343 [1977]). In any event, the victim’s testimony established each of the charges involving possession and use of a dangerous instrument, independently of the knife that was in evidence.

Concur—Friedman, J.P., Sweeny, Saxe, Kapnick and Gesmer, JJ.

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Bluebook (online)

2016 NY Slip Op 8011, 144 A.D.3d 602, 41 N.Y.S.3d 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-jesus-f-nyappdiv-2016.

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