From Casetext: Smarter Legal Research

In re Altagracia L

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1999
266 A.D.2d 51 (N.Y. App. Div. 1999)

Opinion

November 16, 1999

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about December 15, 1997, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts which, if committed by an adult, would constitute the crimes of attempted assault in the second degree (two counts), criminal possession of a weapon in the fourth degree and unlawful possession of a weapon by a person under 16, and placed her on probation for a period of 1 year, unanimously affirmed, without costs.

Stacey M. Schwartz for Appellant.

George Gutwirth for Presentment Agency.

ELLERIN, P.J., ROSENBERGER, NARDELLI, LERNER, ANDRIAS, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the court's determinations concerning credibility. There was ample evidence to disprove appellant's defense of justification beyond a reasonable doubt, including evidence that appellant sought out the complainant, initiated an altercation with her, struck her, and stabbed her several times with scissors.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Altagracia L

Appellate Division of the Supreme Court of New York, First Department
Nov 16, 1999
266 A.D.2d 51 (N.Y. App. Div. 1999)
Case details for

In re Altagracia L

Case Details

Full title:In re ALTAGRACIA L., A Person Alleged to be A Juvenile Delinquent…

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

Date published: Nov 16, 1999

Citations

266 A.D.2d 51 (N.Y. App. Div. 1999)
698 N.Y.S.2d 457

Citing Cases

San Ysidro Corp. v. Robinow

Furthermore, it is clear from the chronology of events that while defendant's counsel was negotiating a…

Greco v. Ulmer Berne

Further, it appears clear that if the Ulmer defendants were a New York firm retained by an out-of-state…