Matter of Heather G.
2008 NY Slip Op 07959 [55 AD3d 403]
October 21, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


In the Matter of Heather G., a Person Alleged to be a Juvenile Delinquent, Appellant.

[*1] Tamara A. Steckler, The Legal Aid Society, New York (Patricia Colella of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Alan Beckoff of counsel), for presentment agency.

Order of disposition, New York County (Mary E. Bednar, J.), entered or about December 20, 2006, 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 attempted assault in the third degree, and imposed a conditional discharge 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 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's determinations concerning credibility. The testimony of the victim and her mother established that appellant attacked the victim with intent to cause injury and without justification. Concur—Mazzarelli, J.P., Catterson, McGuire, Acosta and Renwick, JJ.