Opinion
2017–08736 Docket Nos. D–3361–17, D–4555–17
12-05-2018
In the MATTER OF RENE S. (Anonymous), Appellant.
Vishnick McGovern Milizio, LLP, Lake Success, N.Y. (Jordan M. Freundlich of counsel), for appellant. Dennis M. Brown, County Attorney, Central Islip, N.Y. (Mara E. Cella of counsel), for respondent.
Vishnick McGovern Milizio, LLP, Lake Success, N.Y. (Jordan M. Freundlich of counsel), for appellant.
Dennis M. Brown, County Attorney, Central Islip, N.Y. (Mara E. Cella of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, SANDRA L. SGROI, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In a proceeding pursuant to Family Court Act article 3, Rene S. appeals from an order of fact-finding and disposition of the Family Court, Suffolk County (Philip Goglas, J.), dated July 28, 2017. The order, after a hearing, adjudicated Rene S. a juvenile delinquent upon a finding that he committed acts which, if committed by an adult, would have constituted the crimes of menacing in the second degree (two counts) and criminal possession of a weapon in the fourth degree (two counts), and placed him in the custody of the New York State Office of Children and Family Services for a period of 12 months.
ORDERED that the appeal from so much of the order of fact-finding and disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months is dismissed as academic, without costs or disbursements; and it is further,
ORDERED that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.
The appeal from so much of the order of fact-finding and disposition as placed the appellant in the custody of the New York State Office of Children and Family Services for a period of 12 months has been rendered academic, as the period of placement has expired (see Matter of Willie J., 76 A.D.3d 1075, 907 N.Y.S.2d 695 ; Matter of Crystal B., 63 A.D.3d 1056, 1057, 880 N.Y.S.2d 553 ).
Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621 ), we find that it was legally sufficient to establish that the appellant committed acts which, if committed by an adult, would have constituted the crimes of menacing in the second degree (two counts) and criminal possession of a weapon in the fourth degree (two counts) (see Penal Law §§ 10.00[13] ; 120.14[1]; 265.01[2] ). Moreover, upon our independent review of the record, we are satisfied that the Family Court's fact-finding determination as to these counts was not against the weight of the evidence (see Matter of Cromwell S., 154 A.D.3d 857, 858, 61 N.Y.S.3d 694 ; Matter of Heydi M., 154 A.D.3d 759, 761, 61 N.Y.S.3d 909 ).
The appellant's remaining contention is without merit.
AUSTIN, J.P., ROMAN, SGROI and LASALLE, JJ., concur.