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In re Dayshawn A.

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 12, 2009

IN RE DAYSHAWN A., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT.

Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about September 25, 2008, 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 attempted assault in the second and third degrees, criminal possession of a weapon in the fourth degree and menacing in the second and third degrees, and also committed the act of unlawful possession of a weapon by a person under sixteen, and placed him on enhanced supervised probation for a period of 12 months, unanimously modified, on the law, to the extent of vacating the findings as to attempted assault in the third degree and menacing in the third degree and dismissing those counts of the petition, and otherwise affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Friedman, Buckley, Acosta, DeGrasse, JJ.

Presentment Agency

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 [2007]). There is no basis for disturbing the court's determinations concerning credibility. The evidence established beyond a reasonable doubt that appellant was not justified in using a knife against the victim.

We dismiss, as lesser included offenses, the two counts indicated. We have considered and rejected appellant's remaining claims.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090512

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