In re Charles S.
Cases that cite this one
39 later published cases cite this decision. The 25 that cite it most often are listed here.
- In re Danasia Mc. (Appellate Division of the Supreme Court of New York 2012)
- In re Summer D. (Appellate Division of the Supreme Court of New York 2009)
- In re Tanasia Elanie E. (Appellate Division of the Supreme Court of New York 2008)
- In re Andre S. (Appellate Division of the Supreme Court of New York 2008)
- In re Davonte B. (Appellate Division of the Supreme Court of New York 2007)
- Matter of Brandon S. (Appellate Division of the Supreme Court of New York 2019)
- Matter of Deandre A. (Appellate Division of the Supreme Court of New York 2018)
- Matter of Richard H. (Appellate Division of the Supreme Court of New York 2016)
- Matter of Dashawn R. (Appellate Division of the Supreme Court of New York 2014)
- Matter of Kobe S. (Appellate Division of the Supreme Court of New York 2014)
- Matter of Dayshawn S. (Appellate Division of the Supreme Court of New York 2014)
- Matter of Myron J. (Appellate Division of the Supreme Court of New York 2014)
- In re Keir B. (Appellate Division of the Supreme Court of New York 2014)
- In re Keir B. (Appellate Division of the Supreme Court of New York 2014)
- In re Cristian C. (Appellate Division of the Supreme Court of New York 2013)
- In re Cristian C. (Appellate Division of the Supreme Court of New York 2013)
- In re George R. (Appellate Division of the Supreme Court of New York 2013)
- In re George R. (Appellate Division of the Supreme Court of New York 2013)
- In re Ellius R. (Appellate Division of the Supreme Court of New York 2012)
- In re Ellius R. (Appellate Division of the Supreme Court of New York 2012)
- In re Clarissa S. (Appellate Division of the Supreme Court of New York 2011)
- In re Tanza A. (Appellate Division of the Supreme Court of New York 2011)
- In re Mercedes K. (Appellate Division of the Supreme Court of New York 2011)
- In re Christian W. (Appellate Division of the Supreme Court of New York 2011)
- In re Joel C. (Appellate Division of the Supreme Court of New York 2010)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a juvenile delinquency proceeding pursuant to Family
Ordered that the order of disposition is modified, on the law and as a matter of discretion, by vacating the provision thereof adjudicating the appellant a juvenile delinquent based upon the finding that he committed an act which, if committed by an adult, would have constituted the crime of unlawful imprisonment in the first degree, and substituting therefor a provision dismissing that count of the petition; as so modified, the order of disposition is affirmed, without costs or disbursements, and the fact-finding order is modified accordingly.
The appellant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see Matter of James G., 309 AD2d 935 [2003]; cf. CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792 [1987]), we find that it was legally sufficient to support the findings made in the fact-finding order that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of criminal sexual act in the first degree (see Penal Law § 130.50 [1]) (two counts), sexual abuse in the first degree (see Penal Law § 130.65 [1]) (two counts), menacing in the second degree (see Penal Law § 120.14 [01]), and criminal possession of a weapon in the fourth degree (see Penal Law § 265.01 [2]). Any discrepancies and inconsistencies between the then 12-year-old complainant’s hearing testimony and her statements to the police were not “of such a magnitude as to render [her] testimony incredible or unreliable as a matter of law” (Matter of Christian M., 37 AD3d 834 [2007]; see Matter of Kryzstof K., 283 AD2d 431 [2001]; Matter of Nikkia C., 187 AD2d 581 [1992]).
Resolution of issues of credibility is primarily a matter to be determined by the finder of fact, which saw and heard the witnesses, and its determination should be accorded great deference on appeal (see Matter of Christian M, supra; Matter of
However, where, as here, the criminal sexual act and the imprisonment were essentially simultaneous and inseparable, and any restriction of the victim’s movements was wholly incidental to the commission of the criminal sexual act, the merger doctrine precludes a finding with respect to the unlawful imprisonment count (see Matter of Bradley M., 36 AD3d 815 [2007]; Matter of Wanji W., 305 AD2d 690, 692 [2003]; cf. People v Cain, 76 NY2d 119, 124-125 [1990]; People v Geaslen, 54 NY2d 510, 516-517 [1981]; People v Black, 189 AD2d 883, 884 [1993]). Accordingly, we modify the orders to the extent indicated. Crane, J.P., Krausman, Fisher and Lifson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.