Opinion
February 4, 1991
Appeal from the Family Court, Queens County (De Phillips, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presenting agency (see, Matter of David H., 69 N.Y.2d 792), we find that it was legally sufficient to prove beyond a reasonable doubt that the appellant, acting in concert with others, committed acts which, if committed by an adult, would have constituted the crimes of assault in the second degree (Penal Law § 120.05), and menacing (Penal Law § 120.15; see, Family Ct Act § 342.2). The testimony of the complainant which the Family Court was entitled to credit disproved the appellant's justification defense (see, Matter of Kim H., 112 A.D.2d 160). Upon the exercise of our factual review power (CPL 470.15), we find nothing in the record that persuades us to disturb the Family Court's adjudication (see, Matter of Kwan M., 159 A.D.2d 707). Brown, J.P., Balletta, Rosenblatt and Ritter, JJ., concur.