In re Ivan B.
Opinion of the Court
The court’s finding 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]). There is no basis for disturbing the court’s determinations concerning credibility. The evidence established that while appellant was choking the victim, he took a razor blade from his book bag and cut the back of the victim’s neck, causing an injury that satisfied the physical injury element of second-degree assault (see People v Chiddick, 8 NY3d 445 [2007]; People v Guidice, 83 NY2d 630, 636 [1994]). We have considered and rejected appellant’s remaining claims. Concur—Gonzalez, P.J., Mazzarelli, Saxe, Moskowitz and Richter, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.