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Supreme Court, Appellate Division, First Department, New York.

IN RE: JUNIOR V.-R., a Person Alleged to be a Juvenile Delinquent, Appellant. Presentment Agency.


Decided: February 07, 2019

Sweeny, J.P., Tom, Webber, Kahn, Kern, JJ. Dawne A. Mitchell, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Tahirih M. Sadrieh of counsel), for presentment agency.

Order, Family Court, Bronx County (Peter J. Passidomo, J.), entered on or about June 5, 2017, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of assault in the second and third degrees, attempted assault in the second degree, menacing in the second and third degrees and criminal possession of a weapon in the fourth degree (two counts), and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court's finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).  There is no basis for disturbing the court's credibility determinations.  The evidence supported inferences that appellant injured the victim by means of a metal object, immediately after also swinging a knife at him.