Matter of Javier F.
2005 NY Slip Op 02395 [16 AD3d 290]
March 29, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


In the Matter of Javier F., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1]Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about November 17, 2003, 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 24 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 Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the court's determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The victim's credible testimony disproved appellant's justification defense beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Saxe, Friedman and Sweeny, JJ.