Appellate Division of the Supreme Court of New York, 2008

In re Rascarmi G.

In re Rascarmi G.
Appellate Division of the Supreme Court of New York · Decided October 7, 2008
55 A.D.3d 329; 864 N.Y.S.2d 309
In re Rascarmi G.

Opinion of the Court

Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about December 4, 2007, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts which, if committed by an adult, would constitute the crimes of assault and menacing in the third degrees, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

The court’s finding, which rejected appellant’s justification defense was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The victim’s testimony was corroborated by that of a disinterested eyewitness, and appellant’s *330own testimony failed to support his claim of justification. Concur—Lippman, P.J., Gonzalez, Sweeny, Catterson and DeGrasse, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.