From Casetext: Smarter Legal Research

Matter of Ananias W

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 623 (N.Y. App. Div. 1998)

Opinion

February 23, 1998

Appeal from the Family Court, Queens County (Berman, J.).


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

Viewing the evidence in the light most favorable to the Presentment Agency ( cf., People v. Contes, 60 N.Y.2d 620; see also, Matter of Stephanie F., 194 A.D.2d 789), it was legally sufficient to establish the appellant's guilt of four counts of assault in the third degree ( see, Penal Law § 120.00, [2]) and two counts of menacing in the third degree ( see, Penal Law § 120.15 The Presentment Agency disproved the appellant's defense of justification beyond a reasonable doubt ( see, Matter of Ricardo W., 229 A.D.2d 546). Moreover, upon the exercise of our factual review power, we find that the court's findings of fact were not against the weight of the evidence ( cf., CPL 470.15; People v. Bleakley, 69 N.Y.2d 490). The Family Court's determination with respect to the credibility of the witnesses is entitled to great deference on appeal in light of its ability to see and hear the witnesses ( see, Matter of Stephanie F., supra; cf., People v. Gaimari, 176 N.Y. 84, 94).

Bracken, J.P., Copertino, Santucci, Florio and McGinity, JJ., concur.


Summaries of

Matter of Ananias W

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 623 (N.Y. App. Div. 1998)
Case details for

Matter of Ananias W

Case Details

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

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

Date published: Feb 23, 1998

Citations

247 A.D.2d 623 (N.Y. App. Div. 1998)
668 N.Y.S.2d 492

Citing Cases

In the Matter of Jalani E

ORDERED that the order of disposition is affirmed, without costs or disbursements. Viewing the evidence in…