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Matter of Elliton

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 505 (N.Y. App. Div. 1984)

Opinion

December 17, 1984

Appeal from the Family Court, Queens County (Gallet, J.).


Order of disposition reversed and fact-finding determination vacated, on the law and the facts, and petition dismissed, without costs or disbursements.

We find insufficient evidence to support the view that there was a threat of imminent serious physical injury to the complainant. Thus, the evidence failed to establish that appellant committed an act which, if done by an adult, would have constituted the crime of menacing (Penal Law, § 120.15; see, also, Matter of Carlos V., 55 A.D.2d 958). Mollen, P.J., Gibbons, Thompson and Bracken, JJ., concur.


Summaries of

Matter of Elliton

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 505 (N.Y. App. Div. 1984)
Case details for

Matter of Elliton

Case Details

Full title:In the Matter of ELLITON J., Appellant

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

Date published: Dec 17, 1984

Citations

106 A.D.2d 505 (N.Y. App. Div. 1984)