In re Monay W.
Matter of Monay
W.
2006 NY Slip Op 07487
Decided on October 17, 2006
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to
Judiciary Law § 431.
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on October 17, 2006
SUPREME COURT OF THE STATE OF
APPELLATE DIVISION : SECOND
JUDICIAL DEPARTMENT
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
DANIEL F. LUCIANO
PETER B. SKELOS, JJ.
2006-01333
[*1]In the Matter of Monay
W. (Anonymous), appellant. (Docket No. D-6190-05)
George E. Reed, Jr.,
Charlene M. Indelicato,
(Stacey Dolgin-Kmetz
and Thomas G.
Gardiner of counsel), for respondent.
DECISION & ORDER
In a juvenile delinquency proceeding pursuant to Family
Court Act article 3, the appeal is from an order of fact-finding and
disposition (one paper) of the Family Court, Westchester County (Klein, J.),
entered December 8, 2005, made after a hearing, which found that the appellant
had committed acts which, if committed by an adult, would have constituted the
crime of menacing in the third degree, adjudged her to be a juvenile
delinquent, and placed her under probation supervision by the Westchester
County Department of Probation for a period of 12 months ending August 12,
2006.
ORDERED that the appeal from so much of the order as placed
the appellant under probation supervision by the Westchester County Department
of Probation for a period of 12 months is dismissed as academic; and it is
further,
ORDERED that the order is affirmed insofar
as reviewed, without costs or disbursements.
The appeal from so much of the order of disposition as
placed the appellant under probation supervision by the Westchester County
Department of Probation for a period of 12 months ending August 12, 2006, has
been rendered academic, as the period of placement has expired (see Matter of
Rosario S., 18 AD3d 563; Matter of Paul C., 5 AD3d 592). However, because there
may be collateral consequences resulting from the adjudication of delinquency,
that portion of the appeal which brings up for review that portion of the order
which adjudicated the appellant as a juvenile delinquent is not academic (see
Family Ct Act § 783; Matter of Dorothy D., 49 NY2d 212; Matter of Ricky A., 11
AD3d 532). [*2]
Viewing the evidence in the light most favorable to the
presentment agency (see Matter of David H., 69 NY2d 792, 793; Matter of Nikita
P., 3 AD3d 499, 500; see also People v Contes, 60
NY2d 620), 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 menacing in the third degree under
Penal Law § 120.15. Examined in isolation, the necessary elements of the crime,
an intent to place another in fear of, inter alia, imminent physical injury by
a physical menace, could properly have been inferred from the appellant waving
the knife in the air while standing four feet from the complainant and asking
her if she wanted to fight (see Matter of Pedro H., 308 AD2d 374; cf. Matter of
O'Herron v O'Herron, 300
AD2d 491). Moreover, the court's findings were not against the weight of the
evidence.
The appellant's remaining contentions are without merit.
FLORIO, J.P., KRAUSMAN, LUCIANO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court