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In re Wajeeh

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2008
867 N.Y.S.2d 414 (N.Y. App. Div. 2008)

Opinion

No. 4593.

November 18, 2008.

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about November 7, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts, which, if committed by an adult, would constitute the crimes of assault in the third degree and menacing in the third degree, and placed him on probation for a period of nine months, unanimously affirmed, without costs.

Presentment Agency, Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizaeth I. Freedman of counsel), for presentment agency.

Tom, J.P., Andrias, Friedman, Catterson and Acosta, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the court's credibility determinations. When appellant's teacher ordered him not to enter a classroom, he announced his intent to injure her and shoved her with such force that it caused a significant, long-lasting injury to her forearm, which she had raised to protect herself. This conduct established the elements of third-degree assault and third-degree menacing. The victim's testimony provided ample proof of the extent of her injury ( see People v Guidice, 83 NY2d 630, 636).


Summaries of

In re Wajeeh

Appellate Division of the Supreme Court of New York, First Department
Nov 18, 2008
867 N.Y.S.2d 414 (N.Y. App. Div. 2008)
Case details for

In re Wajeeh

Case Details

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

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

Date published: Nov 18, 2008

Citations

867 N.Y.S.2d 414 (N.Y. App. Div. 2008)
56 A.D.3d 331
2008 N.Y. Slip Op. 8994