In re Daniel R.
Cases that cite this one
4 later published cases cite this decision.
- Matter of Omobolanle O. v. Kevin J. (Appellate Division of the Supreme Court of New York 2017)
- In re Tamia C. (Appellate Division of the Supreme Court of New York 2013)
- In re Tamia C. (Appellate Division of the Supreme Court of New York 2013)
- Gil v. Gil (Appellate Division of the Supreme Court of New York 2008)
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
Appellant’s challenge to the facial sufficiency of the menacing count of the petition is without merit. The petition and its sup
To the extent that appellant is challenging the legal sufficiency of the evidence presented at the fact-finding hearing, that claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. We also conclude that the court’s finding 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 determinations concerning credibility. The evidence established that appellant punched the victim in the face, causing bleeding. Evidence that appellant continued to make threats to hurt the victim after he had already punched him twice and had to be restrained, and that the victim was frightened by these threats, was sufficient to establish the elements of menacing (see Matter of Troy F., 40 AD3d 352 [2007]). Concur— Andrias, J.P., Friedman, Buckley, McGuire and Moskowitz, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.