Torts · MBE-tested

In the Matter of Ganjel P., a Person Alleged to be a Juvenile Delinquent, Appellant

131 A.D.3d 87716 N.Y.S.3d 724·New York Supreme Court, Appellate Division·2015·NY

Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.

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Opinion

In the Matter of Ganjel P., a Person Alleged to be a Juvenile Delinquent, Appellant. [16 NYS3d 724] [MAJORITY] Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about April 11, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed an act that, if committed by an adult, would constitute the crime of assault in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs. The fact-finding determination was supported by 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. The evidence established that appellant was the initial aggressor, and it disproved his justification defense beyond a reasonable doubt. Concur — Friedman, J.P., Andrias, Saxe, Gische and Kapnick, JJ.