Appellate Division of the Supreme Court of New York, 2005

In re Chyna J.

In re Chyna J.
Appellate Division of the Supreme Court of New York · Decided January 6, 2005
14 A.D.3d 353; 786 N.Y.S.2d 744; 2005 N.Y. App. Div. LEXIS 79
In re Chyna J.

Opinion of the Court

Order, Family Court, New York County (Sheldon M. Rand, J.), entered on or about December 17, 2003, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute assault in the third degree, and placed her on probation for 12 months, unanimously affirmed, without costs.

*354The court’s finding was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible testimony disproved appellant’s justification defense beyond a reasonable doubt. Concur—Tom, J.P., Andrias, Saxe, Friedman and Gonzalez, JJ.

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