In re Gabriel C.
Opinion of the Court
The appellant challenges the Family Court’s finding that she committed acts which, if committed by an adult, would have constituted the crime of attempted assault in the third degree. Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; cf. People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant committed acts which, if committed by an adult, would have constituted the crime of attempted assault in the third degree (see Penal Law §§ 110.00, 120.00). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see Matter of Steven L., 86 AD3d 613, 614 [2011], lv denied 17 NY3d 714 [2011]; cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see Matter of Daniel R., 51 AD3d 933, 934 [2008]; cf. People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the Family Court’s fact-finding determination as to that charge was not against the weight of the evidence (cf. People v Romero, 7 NY3d 633 [2006]).
“The Family Court has broad discretion in fashioning orders of disposition” (Matter of Ashanti B., 62 AD3d 790, 791 [2009]; see Matter of Karen M., 58 AD3d 734, 735 [2009]; Matter of
The appellant’s remaining contention is without merit. Dillon, J.E, Angiolillo, Florio and Dickerson, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.