Matter of Summer D.
| Decision Date | 24 November 2009 |
| Docket Number | 2009-03456.,2009-03427. |
| Citation | 2009 NY Slip Op 08818,67 A.D.3d 1008,890 N.Y.S.2d 562 |
| Parties | In the Matter of SUMMER D., Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further Ordered that the order of disposition is affirmed, without costs or disbursements.
Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]; Matter of Davonte B., 44 AD3d 763 [2007]; Matter of Charles S., 41 AD3d 484, 485 [2007]), 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 crimes of robbery in the second degree (see Penal Law § 160.10 [1]; Matter of Kenyetta F., 49 AD3d 540, 541 [2008]; Matter of Laquan H., 29 AD3d 582, 582-583 [2006]), grand larceny in the fourth degree (see Penal Law § 155.30 [5]; Matter of Michael D., 35 AD3d 227, 228 [2006]; Matter of Nasheem P., 23 AD3d 662 [2005]), criminal possession of stolen property in the fifth degree (see Penal Law § 165.40; Matter of Jabari W., 18 AD3d 767 [2005]), and menacing in the third degree (see Penal Law § 120.15; Matter of John F., 12 AD3d 509 [2004]).
Resolution of issues of credibility is primarily a matter to be determined by the finder of fact, which saw and heard the witnesses, and its determination should be accorded great deference on appeal (see Matter of Charles S., 41 AD3d 484 [2007]). Upon reviewing the record here, we are satisfied that the Family Court's determination was not against the weight of the evidence (see Family Ct Act § 342.2 [2]; cf. People v Romero, 7 NY3d 633 [2006]).
The Family Court has broad discretion in fashioning orders of disposition (see Family Ct Act § 141; Matter of Ariell C., 54 AD3d 1034 [2008]; Matter of Donnell W., 36 AD3d 926 [2007]). Here, in determining the least restrictive available alternative consistent with the appellant's best interests and the need for the protection of the community (see Family Ct Act § 352.2 [2] [a]...
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...and in light of the seriousness of the offense and the appellant's school attendance and academic problems ( see Matter of Summer D., 67 A.D.3d 1008, 1009, 890 N.Y.S.2d 562; Matter of Marlon B., 51 A.D.3d 436, 437, 857 N.Y.S.2d...
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In re Brandon S.
...H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621 ; Matter of Kemar G., 72 A.D.3d 965, 898 N.Y.S.2d 518 ; Matter of Summer D., 67 A.D.3d 1008, 1009, 890 N.Y.S.2d 562 ), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the appellant committed acts, ......
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In re Danasia MC.
...favorable to the presentment agency ( see Matter of David H., 69 N.Y.2d 792, 793, 513 N.Y.S.2d 111, 505 N.E.2d 621; Matter of Summer D., 67 A.D.3d 1008, 1008–1009, 890 N.Y.S.2d 562; Matter of Davonte B., 44 A.D.3d 763, 764, 844 N.Y.S.2d 68), we find that it was legally sufficient to establi......
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In re Aaron P.
...859 N.E.2d 902). The Family Court has broad discretion in entering dispositional orders ( see Family Ct. Act § 141; Matter of Summer D., 67 A.D.3d 1008, 890 N.Y.S.2d 562; Matter of Michael D., 60 A.D.3d 945, 874 N.Y.S.2d 812; Matter of Daqwan J., 57 A.D.3d 780, 868 N.Y.S.2d 896; Matter of G......