Opinion
CAF 01-01342
June 13, 2003.
Appeal from an order of Family Court, Monroe County (Rivoli, J.), entered April 17, 2001, which, inter alia, adjudicated respondent a juvenile delinquent.
JOSEPH P. CRIMI, LAW GUARDIAN, ROCHESTER, FOR RESPONDENT-APPELLANT.
CHARLES S. TURNER, COUNTY ATTORNEY, ROCHESTER (SCOTT WILLIAM WESTERVELT OF COUNSEL), PETITIONER-RESPONDENT PRO SE.
PRESENT: PINE, J.P., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Contrary to respondent's contention, the finding of Family Court that respondent committed acts that if committed by an adult would constitute the crimes of menacing in the second degree (Penal Law 120.14) and criminal possession of a weapon in the fourth degree (265.01 [2]) is not against the weight of the evidence. In reaching its finding, the court considered, inter alia, the testimony of respondent's stepsister that respondent chased her with a kitchen knife and the testimony of respondent denying that she did so. Although a different result would not have been unreasonable, we conclude that the court did not fail "to give the evidence the weight it should be accorded" ( People v. Bleakley, 69 N.Y.2d 490, 495), and we decline to disturb the court's credibility determination.