Opinion
2015-11-5
In re MARTHA B., Petitioner–Respondent, v. JULIAN P., Respondent–Appellant.
Law Offices of Randall S. Carmel, Syosset (Randall Carmel of counsel), for appellant. Bruce A. Young, New York, for respondent.
Law Offices of Randall S. Carmel, Syosset (Randall Carmel of counsel), for appellant. Bruce A. Young, New York, for respondent.
Order, Family Court, New York County (Fiordaliza A. Rodriguez, Referee), entered on or about January 9, 2015, which, upon a finding that respondent committed the family offenses of disorderly conduct and assault in the third degree, granted the petition for an order of protection against him for two years, and ordered him to complete an anger management program, unanimously affirmed, without costs.
A fair preponderance of the evidence supports Family Court's finding that respondent committed the offenses of disorderly conduct and assault in the third degree. The court's credibility determinations are supported by the record and therefore entitled to deference ( Matter of Winfield v. Gammons, 105 A.D.3d 753, 963 N.Y.S.2d 272 [2d Dept.2013]; Matter of Everett C. v. Oneida P., 61 A.D.3d 489, 878 N.Y.S.2d 301 [1st Dept.2009] ). Evidence that on one occasion the husband attacked and threatened petitioner in the superintendent's office in the apartment building where they lived supports the finding that he committed the family offense of disorderly conduct by recklessly creating a risk of public inconvenience, annoyance or alarm (Penal Law § 240.20[1], [3]; see Matter of William M. v. Elba Q., 121 A.D.3d 489, 994 N.Y.S.2d 110 [1st Dept.2014]; Matter of Cassie v. Cassie, 109 A.D.3d 337, 342–343, 969 N.Y.S.2d 537 [2d Dept.2013] ). The evidence that respondent's attack caused bad bruising supports the determination that respondent committed the family offense of assault in the third degree. The “physical injury” element of that offense may be satisfied by relatively minor injuries causing “ ‘more than slight or trivial pain’ ” (People v. Mercado, 94 A.D.3d 502, 941 N.Y.S.2d 501 [1st Dept.2012], lv. denied 19 N.Y.3d 999, 951 N.Y.S.2d 475, 975 N.E.2d 921 [2012]; People v. Martinez, 90 A.D.3d 409, 410, 933 N.Y.S.2d 285 [1st Dept.2011], lv. denied 18 N.Y.3d 960, 944 N.Y.S.2d 488, 967 N.E.2d 713 [2012] ). SWEENY, J.P., ACOSTA, RICHTER, MANZANET–DANIELS, JJ., concur.