Majority
p. 651In the Matter of Adina Mc., a Person Alleged to be a Juvenile Delinquent, Appellant. [935 NYS2d 905]
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 crimes of assault in the second degree and criminal possession of a weapon in the fourth degree (see Family Ct Act § 342.2 [2]; cf. People v Edmondson,
p. 652
281 AD2d 184 , 185 [2001]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see Matter of Michale A.C., 73 AD3d 1042 , 1043 [2010]; cf. CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the opportunity of the finder of fact to view the witnesses, hear the testimony, and observe demeanor (see Matter of Hasan C., 59 AD3d 617 , 617-618 [2009]; cf. People v Mateo, 2 NY3d 383 , 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490 , 495 [1987]). Upon our review of the record, we are satisfied that the. Family Court’s determination was not against the weight of the evidence (cf. People v Romero, 7 NY3d 633 [2006]). Florio, J.E, Belen, Roman and Sgroi, JJ., concur.
Cases cited
- In re David H. 69 NY2d 792 at 793 p. 651
- People v. Contes 60 NY2d 620 at 621 p. 651
- In re Michale A.C. 73 AD3d 1042 at 1043 p. 652
- People v. Danielson 9 NY3d 342 p. 652
- In re Hasan C. 59 AD3d 617 at 617-618 p. 652
- Middleton v. McNeil 542 US 946 p. 652
- People v. Bleakley 69 NY2d 490 at 495 p. 652
- People v. Romero 7 NY3d 633 p. 652