In re Angel O.
Opinion of the Court
—Order of disposi
The court’s finding that appellant committed the acts underlying the charges of assault in the second degree and attempted assault in the second degree was not against the weight of the evidence. We see no reason to disturb the court’s determinations concerning credibility, and also find ample evidence from which accessorial liability can be inferred. However, since the third-degree assault finding was not based on legally sufficient evidence that the victim suffered physical injury, and since the weapon possession and attempted third-degree assault counts should have been dismissed as lesser included offenses, we modify accordingly. Concur — Tom, J. P., Rubin, Andrias, Buckley and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.