In re Nataia J.
Court: Appellate Division of the Supreme Court of the State of New York; January 5, 1998; New York; State Appellate Court
The order of disposition from the Family Court in New York County, issued by Judge Leah Marks on September 28, 1995, adjudicated the appellant as a juvenile delinquent for acts equivalent to the adult crimes of criminal sale and possession of a controlled substance in the third and fifth degrees. The court placed her under the supervision of the Department of Probation for 18 months. The appellate court unanimously affirmed this decision, citing that the findings were supported by legally sufficient evidence and were not against the weight of the evidence. The appellant's argument regarding inconsistent testimonies from the officers was rejected as unfounded by the record. Additionally, the court found no reason to question the trial court's findings of fact or credibility determinations. The appellant's claim of ineffective assistance of counsel was dismissed, noting that the strategic choice not to have her testify or to request a Wade hearing was reasonable given the circumstances. The ruling was concurred by Justices Sullivan, Rosenberger, Wallach, Rubin, and Tom.