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In the Matter of Javier F

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2005
16 A.D.3d 290 (N.Y. App. Div. 2005)

Opinion

5744.

March 29, 2005.

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about November 17, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of assault in the third degree and menacing in the third degree, and placed him on probation for a period of 24 months, unanimously affirmed, without costs.

Before: Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the court's determinations concerning credibility ( see People v. Gaimari, 176 NY 84, 94). The victim's credible testimony disproved appellant's justification defense beyond a reasonable doubt.


Summaries of

In the Matter of Javier F

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 2005
16 A.D.3d 290 (N.Y. App. Div. 2005)
Case details for

In the Matter of Javier F

Case Details

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

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

Date published: Mar 29, 2005

Citations

16 A.D.3d 290 (N.Y. App. Div. 2005)
791 N.Y.S.2d 419

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