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In re Jayson V.

Citations: 117 A.D.3d 960; 985 N.Y.S.2d 891

Court: Appellate Division of the Supreme Court of the State of New York; May 21, 2014; New York; State Appellate Court

Narrative Opinion Summary

In the case under review, the appellant challenged two orders from the Family Court of Queens County. The initial order dated May 30, 2013, found the appellant responsible for acts tantamount to robbery in the second degree, grand larceny in the fourth degree, criminal possession of stolen property in the fifth degree, and attempted assault in the third degree. Subsequently, the June 24, 2013 order adjudicated the appellant as a juvenile delinquent, placing him in a limited secure facility under the New York State Office of Children and Family Services, with terms agreed upon by the appellant. The appeal against the fact-finding order was dismissed on procedural grounds as it was superseded by the order of disposition. Furthermore, the appeal concerning the placement was dismissed as the appellant was not considered aggrieved by this aspect of the order. The appellate court affirmed the order of disposition, concluding that the evidence was adequate to establish the appellant's identity beyond a reasonable doubt. The court acknowledged the Family Court's credibility assessments, with Judges Rivera, Austin, Roman, and Hinds-Radix concurring in the decision.

Legal Issues Addressed

Appeal from Fact-Finding Order

Application: The appeal from the fact-finding order was dismissed as it was superseded by the subsequent order of disposition.

Reasoning: The court dismissed the appeal from the fact-finding order as it was superseded by the order of disposition.

Deference to Lower Court's Credibility Assessments

Application: The appellate court gave deference to the Family Court's assessment of witness credibility and testimony.

Reasoning: The court conducted an independent review of the evidence but gave deference to the Family Court's assessment of witness credibility and testimony.

Juvenile Delinquency Adjudication

Application: The court adjudged the appellant as a juvenile delinquent based on the evidence presented.

Reasoning: The second order, dated June 24, 2013, adjudged him a juvenile delinquent and, with his consent, placed him in the custody of the New York State Office of Children and Family Services for up to 18 months in a limited secure facility, with a minimum of six months and credit for time served.

Sufficiency of Evidence in Juvenile Delinquency

Application: The appellate court affirmed the disposition order, finding the evidence sufficient to establish the appellant's identity as the perpetrator beyond a reasonable doubt.

Reasoning: The order of disposition was affirmed, as the evidence presented was sufficient to establish his identity as the perpetrator beyond a reasonable doubt.