From Casetext: Smarter Legal Research

In re Iyanna

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1061 (N.Y. App. Div. 2010)

Opinion

No. 2009-07136.

June 15, 2010.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Queens County (Lubow, J), dated July 6, 2009, which, upon a fact-finding order of the same court dated April 6, 2009, made after a hearing, finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree, and after a dispositional hearing, adjudged her to be a juvenile delinquent and placed her on probation for a period of 12 months under stated terms and conditions. The appeal from the order of disposition brings up for review the fact-finding order dated April 6, 2009.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo and Dona B. Morris of counsel), for respondent.

Before: Dillon, J.P., Balkin, Eng and Chambers, JJ.


Ordered that the appeal from so much of the order of disposition as placed the appellant on probation for a period of 12 months under stated terms and conditions is dismissed as academic, without costs or disbursements, as that portion of the order of disposition expired by its own terms ( see Matter of Trayvond W., 71 AD3d 683); and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

Viewing the evidence in the light most favorable to the presentment agency ( see Matter of David H., 69 NY2d 792, 793; cf. People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to support the finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree ( see Matter of Shaheed W., 298 AD2d 204; Matter of Kristie II., 252 AD2d 807, 807-808; Matter of Marcel F., 233 AD2d 442, 443). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see Matter of Hasan C., 59 AD3d 617, 617-618; cf. CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the opportunity of the trier of fact to view the witnesses, hear the testimony, and observe demeanor ( see Matter of Daniel R., 51 AD3d 933, 933-934; cf. People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the Family Court's fact-finding determination was not against the weight of the evidence ( see Family Ct Act § 342.2; Matter of Marcel F., 233 AD2d at 443; cf. People v Romero, 7 NY3d 633).

The appellant's remaining contentions are without merit.


Summaries of

In re Iyanna

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 2010
74 A.D.3d 1061 (N.Y. App. Div. 2010)
Case details for

In re Iyanna

Case Details

Full title:In the Matter of IYANNA D., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 15, 2010

Citations

74 A.D.3d 1061 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 5390
903 N.Y.S.2d 483

Citing Cases

In re Gawen M.

The only issues raised by the appellant concern that portion of the order of disposition which placed him in…

In re Eric R

Ordered that the appeal is dismissed as academic, without costs or disbursements. The only issue raised by…