From Casetext: Smarter Legal Research

Matter of Dennis

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 703 (N.Y. App. Div. 1985)

Opinion

April 8, 1985

Appeal from the Family Court, Kings County (Esquirol, J.).


Fact-finding determination and order of disposition affirmed, without costs or disbursements.

The Family Court found that the evidence adduced at a fact-finding hearing proved beyond a reasonable doubt that the appellant, while under 16 years of age, forcibly took property from Stacy Pinsker, the complainant, thereby committing acts which if committed by an adult would have constituted robbery in the third degree.

We see no reason to disturb this adjudication. Upon reviewing the issues of credibility presented in this case, we find that "[t]here is no reason * * * to disturb the findings of the trier of the facts, since only he had the opportunity to observe the demeanor of the witnesses and assess their credibility" ( Matter of Derrick C., 52 A.D.2d 522, 522-523; accord, People v. Regina,

19 N.Y.2d 65; People v. Cook, 99 A.D.2d 552; People v. Rosenfeld, 93 A.D.2d 872). We have reviewed the record and cannot say that proof beyond a reasonable doubt was not adduced. Mangano, J.P., Brown, Niehoff and Lawrence, JJ., concur.


Summaries of

Matter of Dennis

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 703 (N.Y. App. Div. 1985)
Case details for

Matter of Dennis

Case Details

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

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

Date published: Apr 8, 1985

Citations

110 A.D.2d 703 (N.Y. App. Div. 1985)

Citing Cases

Matter of Shawn

The Family Court, Nassau County, found that the evidence adduced at a fact-finding hearing proved beyond a…

Matter of Paul

Finally, we perceive no reason to disturb the hearing court's findings. The appellant's arguments center on…