Opinion
2001-07521
Submitted April 10, 2003.
April 28, 2003.
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 26, 2001, which, upon a fact-finding order of the same court, dated November 27, 2000, made after a hearing, finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 18 months. The appeal brings up for review the fact-finding order dated November 27, 2000.
Monica Drinane, New York, N.Y. (Raymond E. Rogers and Carol Hochberg of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Fay Ng of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., HOWARD MILLER, THOMAS A. ADAMS, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see Matter of Kenneth E., 293 A.D.2d 536; Matter of Raheem H., 276 A.D.2d 487), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the appellant committed an act which, if committed by an adult, would have constituted the crime of assault in the third degree (see Penal Law § 120.00), and to disprove the defense of justification beyond a reasonable doubt (see Matter of Ananias W., 247 A.D.2d 623; Matter of Ricardo W., 229 A.D.2d 546). Moreover, upon the exercise of our factual review power, we are satisfied that the Family Court's finding was not against the weight of the evidence (cf. CPL 470.15).
FLORIO, J.P., H. MILLER, ADAMS and RIVERA, JJ., concur.