Matter of Denise C.
2006 NY Slip Op 08821 [34 AD3d 368]
November 28, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 17, 2007


In the Matter of Denise C., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1]Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about July 12, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of assault in the second degree, and placed her 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. There is no basis for disturbing the court's determinations concerning credibility. The evidence disproved appellant's justification defense beyond a reasonable doubt. Concur—Mazzarelli, J.P., Friedman, Nardelli, Gonzalez and Catterson, JJ.