Matter of Wajeeh B.
2008 NY Slip Op 08994 [56 AD3d 331]
November 18, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


In the Matter of Wajeeh B., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Order, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about November 7, 2007, 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 nine 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 credibility determinations. When appellant's teacher ordered him not to enter a classroom, he announced his intent to injure her and shoved her with such force that it caused a significant, long-lasting injury to her forearm, which she had raised to protect herself. This conduct established the elements of third-degree assault and third-degree menacing. The victim's testimony provided ample proof of the extent of her injury (see People v Guidice, 83 NY2d 630, 636 [1994]). Concur—Tom, J.P., Andrias, Friedman, Catterson and Acosta, JJ.