Matter of Tukayra W.
Matter of Tukayra
W.
2003 NYSlipOp 17634
Decided on
Appellate Division, First Department
This opinion is uncorrected and subject to revision before
publication in the Official Reports.
Decided on
Tom, J.P., Saxe, Rosenberger,
Marlow, JJ.
1907
[*1]In re Tukayra W., A Person
Alleged to be a Juvenile Delinquent, Appellant.
Presentment Agency
George E. Reed, Jr.
Sharyn Rootenberg
Order of disposition, Family Court, Bronx County (Clark Richardson,
J.), entered on or about January 25, 2002, which adjudicated appellant a
juvenile delinquent, upon a fact-finding that she committed an act which, if
committed by an adult, would constitute the crime of assault in the third
degree, and placed her on probation for a period of 12 months, unanimously
affirmed, without costs.
The court's finding was based on legally sufficient evidence
and was not against the weight of the evidence. There is no basis for
disturbing the court's determinations concerning credibility and
identification. There was ample evidence of physical injury (see People v Guidice, 83 NY2d 630, 636).
Defendant's challenge to the form of the court's finding is
unpreserved and we decline to review it in the interest of justice. Were we to
review this claim, we would find that the court entered a sufficiently specific
fact-finding determination
that complied with statutory
requirements (see Family Ct Act § 342.1[7]; § 345.1) when it determined that
appellant committed an act constituting third-degree assault. [*2]
Appellant's remaining contentions are unpreserved and we
decline to review them in the interest of justice. Were we to review these
claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED:
CLERK