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In re Isaac J.

Supreme Court of New York, Fourth Department

September 27, 2013

IN THE MATTER OF ISAAC J., RESPONDENT-APPELLANT. MONROE COUNTY ATTORNEY, PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Monroe County (Gail A. Donofrio, J.), entered January 3, 2012 in a proceeding pursuant to Family Court Act article 3. The order adjudicated respondent to be a juvenile delinquent.

JASON J. BOWMAN, ONTARIO, FOR RESPONDENT-APPELLANT.

MERIDETH H. SMITH, COUNTY ATTORNEY, ROCHESTER (TIMOTHY M. LEXVOLD OF COUNSEL), FOR PETITIONER-RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, CARNI, AND LINDLEY, JJ.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum: Respondent appeals from an order of disposition adjudicating him a juvenile delinquent based on the finding that he had committed acts that, if committed by an adult, would constitute the crime of assault in the third degree (Penal Law § 120.00 [1]). We reject respondent's contention that the evidence is legally insufficient to establish that he intended to cause physical injury to the victim or that the victim sustained such injury (see Matter of Santoshia L., 202 A.D.2d 1027, 1027; see also People v Stearns, 72 A.D.3d 1214, 1217, lv denied 15 N.Y.3d 778). Although we conclude that a different result would not have been unreasonable inasmuch as respondent testified to a version of the incident different from that presented by petitioner, we perceive no basis to disturb Family Court's resolution of witness credibility (see Matter of Eric A., 66 A.D.3d 603, 603; Matter of Brooke II, 45 A.D.3d 1234, 1234-1235). We further conclude that the court did not fail "to give the evidence the weight it should be accorded" (People v Bleakley, 69 N.Y.2d 490, 495; see Matter of Travis D., 1 A.D.3d 968, 969).


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