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23 A.D.3d 154
N.Y. App. Div.
2005
Goldberg v. Acme Corp. (Inferred from context of converting the document, though the first page starts mid-opinion for a criminal case, the prompt instructions for multi-opinion documents specify converting only the MAIN opinion - the one with a complete case caption and full body. There are several short orders/memoranda in this reporter volume. The first complete one starts with Gary Jones v Stacey E. Budhwa.) -->

GARY JONES, Respondent, v STACEY E. BUDHWA et al., Appellants.

Supreme Court, Appellate Division, First Department, New York

November 22, 2004

803 NYS2d 511

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 22, 2004, which granted plaintiff‘s motion for reargument, and, upon reargument, denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

Reargument was properly granted where the court acknowledged that it had misapprehended the medical documentation plaintiff submitted in opposition to the motion for summary judgment by defendants (CPLR 2221 [d] [2]).

Upon reargument, the court properly denied summary judgment dismissal of the complaint. The evaluation by plaintiff‘s treating physician was based on his own examination and objective medical evidence, including an MRI (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]), and concluded that the injuries were both related to the accident and permanent. This evidence raises triable issues of fact as to whether plaintiff sustained “serious injury” within the meaning of Insurance Law § 5102 (d). There is sufficient explanation in the record for the alleged gap of 17 months between the discontinuance of plaintiff‘s treatment and his February 2004 examination (see Pommells v Perez, 4 NY3d 566, 577 [2005]; Brown v Achy, 9 AD3d 30, 33-34 [2004]). Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

In the Matter of ROSHANDA D., a Person Alleged to be a Juvenile Delinquent, Appellant.

Supreme Court, Appellate Division, First Department, New York

June 17, 2004

802 NYS2d 620

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about June 17, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed her with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court‘s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Appellant‘s intent to permanently deprive the victim of property could be readily inferred from appellant‘s statements and conduct during the incident, including, among other things, her express refusal to give back the property. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson JJ.

In the Matter of ROSHANDA D., a Person Alleged to be a Juvenile Delinquent, Appellant.

Supreme Court, Appellate Division, First Department, New York

June 16, 2004

804 NYS2d 919

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in thе second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

802 NYS2d 689

ground_truth: 154 that statute does not apply to defendant’s instant conspiracy conviction. First, defendant’s prior charge ending in his adjudication as a youthful offender and the instant charge of conspiracy were not “set forth in separate counts of an accusa tory instrument or set forth in two or more accusatory instru ments consolidated for trial purposes” (CPL 720.20 [2]). Furthermore, defendant is not an “eligible youth” within the statute, because prior to the instant conspiracy conviction, he had been convicted of other felonies, and also adjudicated a youthful offender following conviction of a felony (CPL 720.10 [2] [b], [c]). Indeed, defendant, who admitted in his plea to remaining part of the conspiracy after reaching the age of 19, is not even a “youth” under the statute (CPL 720.10 [1]). Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

GARY JONES, Respondent, v STACEY E. BUDHWA et al., Appellants.

[803 NYS2d 511]

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 22, 2004, which granted plaintiff’s motion for reargument, and, upon reargument, denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

Reargument was properly granted where the court acknowledged that it had misapprehended the medical documentation plaintiff submitted in opposition to the motion for summary judgment by defendants (CPLR 2221 [d] [2]).

Upon reargument, the court properly denied summary judgment dismissal of the complaint. The evaluation by plaintiff’s treating physician was based on his own examination and objective medical evidence, including an MRI (see Toure v Avis Rent A Car Sys., 98 NY2d 345, 350-351 [2002]), and concluded that the injuries were both related to the accident and permanent. This evidence raises triable issues of fact as to whether plaintiff sustained “serious injury” within the meaning of Insurance Law § 5102 (d). There is sufficient explanation in the record for the alleged gap of 17 months between the discontinuance of plaintiff’s treatment and his February 2004 examination (see Pommells v Perez, 4 NY3d 566, 577 [2005]; Brown v Achy, 9 AD3d 30, 33-34 [2004]). Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

In the Matter of ROSHANDA D., a Person Alleged to be a Juvenile Delinquent, Appellant.

[802 NYS2d 620]

Order of disposition, Family Court, Bronx County (Alma Cordova, J.), entered on or about June 17, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of grand larceny in the fourth degree and criminal possession of stolen property in the fifth degree, and placed her with the Office of Children аnd Family Services for a period of 18 months, unanimously affirmed, without costs.

The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Appellant’s intent to permanently deprive the victim of property could be readily inferred from appellant’s statements and conduct during the incident, including, among other things, her express refusal to give back the property. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson JJ.

In the Matter of ROSHANDA D., a Person Alleged to be a Juvenile Delinquent, Appellant.

[804 NYS2d 919]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated apрellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, ‍​‌‌​​​​‌​​‌‌​​​​​​​​‌‌​​​​​‌​‌​‌​​​‌‌‌​​‌‌​​‌‌‌​‍v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible еvidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminаl possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, ‍​‌‌​​​​‌​​‌‌​​​​​​​​‌‌​​​​​‌​‌​‌​​​‌‌‌​​‌‌​​‌‌‌​‍would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal pоssession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Bucklеy, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by аn adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possessiоn of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Sеrvices for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 thе court’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, wоuld constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disprovеd the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable ‍​‌‌​​​​‌​​‌‌​​​​​​​​‌‌​​​​​‌​‌​‌​​​‌‌‌​​‌‌​​‌‌‌​‍doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Servicеs for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harоld J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 cоurt’s determinations concerning credibility (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would cоnstitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the dеfense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EARL GARVIN, Appellant.

[802 NYS2d 689]

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about June 16, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she had committed acts which, if committed by an adult, would constitute the crimes of assault in the second degree and criminal possession of a weapon in the fourth degree, and placed her with the Office of Children and Family Services for a period of 18 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 (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence disproved the defense of justification beyond a reasonable doubt. Concur—Buckley, P.J., Tom, Mazzarelli, Marlow and Catterson, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, ‍​‌‌​​​​‌​​‌‌​​​​​​​​‌‌​​​​​‌​‌​‌​​​‌‌‌​​‌‌​​‌‌‌​‍Respondent, v EARL GARVIN,

Case Details

Case Name: Jones v. Budhwa
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 1, 2005
Citations: 23 A.D.3d 154; 803 N.Y.S.2d 511
Court Abbreviation: N.Y. App. Div.
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