In the Matter of Jared Ww.

Decision Date20 November 2008
Docket Number504651.
Citation868 N.Y.S.2d 350,56 A.D.3d 1009,2008 NY Slip Op 09144
PartiesIn the Matter of JARED WW., a Person Alleged to be a Juvenile Delinquent. STEPHEN B. FLASH, as Assistant County Attorney of Tompkins County, Respondent; JARED WW., Appellant.
CourtNew York Supreme Court — Appellate Division

Appeal from an order of the Family Court of Tompkins County (Sherman, J.), entered February 11, 2008 which granted petitioner's application, in a proceeding pursuant to Family Ct Act article 3, to adjudicate respondent a juvenile delinquent.

LAHTINEN, J.

Petitioner commenced this proceeding seeking to adjudicate respondent a juvenile delinquent based upon alleged incidents that occurred between July 10, 2007 and July 26, 2007, when, in the back seat of a school bus, he purportedly touched the 10-year-old victim's vaginal area with his hand and his penis. Following a fact-finding hearing, Family Court found that petitioner had established beyond a reasonable doubt that respondent, who was 14 years old, had committed acts which, if committed by an adult, would have constituted two counts of the crime of sexual abuse in the first degree. A subsequent order of disposition adjudged respondent to be a juvenile delinquent and, among other things, placed him on probation for one year. Respondent appeals.*

Respondent argues that Family Court's determination was against the weight of the evidence. "On appellate review, Family Court, as the trier of fact, is entitled to have its determinations of witness credibility and resolution of disputed facts `afforded the same weight given a jury verdict'" (Matter of Zachary K., 299 AD2d 755, 756 [2002], quoting Matter of Joseph A., 244 AD2d 724, 725 [1997], lv denied 91 NY2d 813 [1998]). When presented with a weight of the evidence argument in a case, such as this one, where a different determination would not have been unreasonable, we view the evidence in a neutral light while according deference to the credibility determinations of Family Court (see Matter of Shane EE., 48 AD3d 946, 948 [2008]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

Here, there were some inconsistencies in the young victim's description of the pertinent events. Most significantly, she appeared at one point on cross-examination to indicate that respondent did not touch her with his penis. However, later during the same cross-examination she described both events as being "kind of mixed up together." Her testimony was further clarified on redirect regarding being touched both by respondent's hand and his penis. Family Court acknowledged that there were inconsistencies in the victim's...

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8 cases
  • Tioga Cnty. Attorney v. Alexander CC. (In re Alexander CC.)
    • United States
    • New York Supreme Court — Appellate Division
    • February 18, 2021
    ...the evidence in a neutral light while according deference to the credibility determinations of Family Court" ( Matter of Jared WW., 56 A.D.3d 1009, 1010, 868 N.Y.S.2d 350 [2008] ; see Matter of Gordon B., 83 A.D.3d 1164, 1166, 920 N.Y.S.2d 798 [2011], lv denied 17 N.Y.3d 710, 2011 WL 438825......
  • In the Matter of Gordon B.
    • United States
    • New York Supreme Court — Appellate Division
    • April 7, 2011
    ...the evidence in a neutral light while according deference to the credibility determinations of Family Court” ( Matter of Jared WW., 56 A.D.3d 1009, 1010, 868 N.Y.S.2d 350 [2008]; see Matter of Clifton NN., 64 A.D.3d 903, 905, 882 N.Y.S.2d 581 [2009]; Matter of Shane EE., 48 A.D.3d 946, 948,......
  • In re Daniel B., 519132
    • United States
    • New York Supreme Court — Appellate Division
    • June 4, 2015
    ...B., 83 A.D.3d 1164, 1166, 920 N.Y.S.2d 798 [2011], lv. denied 17 N.Y.3d 710, 2011 WL 4388258 [2011], quoting Matter of Jared WW., 56 A.D.3d 1009, 1010, 868 N.Y.S.2d 350 [2008] ). Initially, because respondent never disputed the assertion in both petitions that he was 15 years old when the i......
  • In re Skylar H.
    • United States
    • New York Supreme Court — Appellate Division
    • June 2, 2016
    ...460–462, 980 N.Y.S.2d 397 [2014] ; Matter of Narvanda S., 109 A.D.3d 710, 711–712, 972 N.Y.S.2d 1 [2013] ; Matter of Jared WW., 56 A.D.3d 1009, 1010–1011, 868 N.Y.S.2d 350 [2008] ; see also People v. Guaman, 22 N.Y.3d 678, 683–684, 985 N.Y.S.2d 209, 8 N.E.3d 324 [2014] ). Respondent also ar......
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