In re Dayshawn A.
Opinion of the Court
Order of disposition, Family Court, Bronx County (Robert R. Reed, J.), entered on or about September 25, 2008, 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 attempted assault in the second and third degrees, criminal possession of a weapon in the fourth degree and menacing in the second and third degrees, and also committed the act of unlawful possession of a weapon by a person under
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 beyond a reasonable doubt that appellant was not justified in using a knife against the victim.
We dismiss, as lesser included offenses, the two counts indicated. We have considered and rejected appellant’s remaining claims. Concur—Andrias, J.P., Friedman, Buckley, Acosta and DeGrasse, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.