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In re Demetri B.

Appellate Division of the Supreme Court of the State of New York
Aug 5, 2008
Versions:54 A.D.3d 331
862 N.Y.S.2d 582
Stevenson

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

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[The response contains two cases. As per instructions for Multi-Opinion Documents, I have converted the main opinion (Demetri B.) and ended with null as the second case on the page (Demetrius B.) would be a separate conversion.] Wait, the prompt says: “If the document contains multiple opinions... convert only the MAIN opinion — the one with a complete case caption and full opinion body. Skip partial content from a previous case that appears at the beginning of the document.” In this PDF: 1. Top of page 331 is the conclusion of an unnamed case (Matter of ...) 2. Middle of page 331 starts “In the Matter of Demetri B., Appellant.” This has a full caption and opinion body. 3. Bottom of page 332 starts “In the Matter of Demetrius B., Appellant.” This is the start of another full case. I will provide the conversion for “In the Matter of Demetri B.“.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

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[The instructions say: “Multi-Opinion Documents: If the document contains multiple opinions... convert only the MAIN opinion... Skip partial content from a previous case that appears at the beginning of the document.” “Demetri B.” is the first complete opinion.] Wait, if I have to convert “Demetri B.“, I follow the formatting rules.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

Final check of the Demetri B. opinion. It starts on page 331 and ends on page 332 with the concurrence. The next case “In the Matter of Demetrius B.” is a new case.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

Wait, the prompt says: “Extract metadata here, don‘t repeat in body“. Demetri B. case starts with the case name in a black box. I should treat this as Case Information.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

Final verification: - Verbatim text: Checked. (No typos, “Kings County” vs OCR “Bangs County“) - Footnotes: None. - Case name in details: In the Matter of DEMETRI B., Appellant. - docket: None. - parallel cites: None. - court: N.Y. App. Div. (Second Department from “Mastro, J.P., Dillon, Eng and Belen, JJ.” which is a 2nd Dept bench) - date: Not explicitly in the OCR/image for the start of the case, but these reports are usually dated. The order being reviewed is 2007. The publication is volume 862 NYS2d. I will omit the date from Case Information if not present. However, usually these come from a specific date. I will use “unknown” or look at context. The top case on p331 is from Suffolk County (Sweeney, J.) - also 2nd Dept. Wait, I see “April 15, 2008” in my head but it‘s not on the page. I‘ll omit the date attribute if not found. Re-checking the image for a date... it‘s not there. The short name for “In the Matter of DEMETRI B., Appellant.” should be “In re Demetri B.“. One more check: “Ordered that on the Court‘s own motion...“. That belongs to the first case. “The Family Court properly found...“. Also first case. “The father‘s remaining contention...“. Also first case. “Skelos, J.P., Covello, Leventhal and Belen, JJ., concur.” First case. So Demetri B. starts at the black bar on p331. One thing: The OCR for p331 says “Family Court, Bangs County“. The image clearly shows “Kings County“. I will use Kings.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

Double check “CPL 470.05 [2]” - should be CPL 470.05(2). But I should preserve formatting of brackets if used. In NY reports, they often use brackets for subsections. “CPL 470.05 [2]” is in the text. I will use brackets. Also, the cite [862 NYS2d 582] is a parallel citation for the case name. Final Version:

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Weinstein, J.), dated August 29, 2007, which, upon a fact-finding order of the same court dated June 27, 2007, made after a hearing, finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree, adjudged him to be a juvenile delinquent and placed him on probation for a period of 12 months. The appeal brings up for review the fact-finding order dated June 27, 2007.

Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant‘s contention that he was denied his right to effective cross-examination is unpreserved for appellate review (cf. CPL 470.05 [2]; People v. Marino, 21 AD3d 430, 432 [2005]; People v. Fernandez, 280 AD2d 680, 681 [2001]). In any event, the appellant‘s contention is without merit. The appellant was afforded a full and fair opportunity to expose infirmities in the complainant‘s testimony through cross-examination (see Delaware v. Fensterer, 474 US 15, 22 [1985]; People v. Mercado, 237 AD2d 200 [1997]; Matter of Malik S.J., 200 AD2d 621 [1994]; People v. Barton, 183 AD2d 836 [1992]). The appellant did not have any right to a witness who is free from forgetfulness, confusion, or evasion (see Delaware v. Fensterer, 474 US at 21-22; People v. Barton, 183 AD2d at 836).

Viewing the evidence in the light most favorable to the presentment agency (see Matter of David H., 69 NY2d 792, 793 [1987]), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, would have constituted the crimes of gang assault in the second degree and menacing in the third degree. Moreover, 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 Willie W., 32 AD3d 479, 480 [2006]; cf. People v. Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (cf. CPL 470.15 [5]), we are satisfied that the findings of fact were not against the weight of the evidence (see Matter of Willie W., 32 AD3d at 480; cf. People v. Romero, 7 NY3d at 633). Mastro, J.P., Dillon, Eng and Belen, JJ., concur.

Case Details

Case Name: In re Demetri B.
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Aug 5, 2008
Citations: 54 A.D.3d 331; 862 N.Y.S.2d 582
Court Abbreviation: N.Y. App. Div.
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