| Matter of Aron B. |
| 2007 NY Slip Op 10310 [46 AD3d 1431] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| In the Matter of Aron B., Jr., Appellant. Wayne County Attorney,Respondent. |
—[*1] Daniel M. Wyner, County Attorney, Lyons (Daniel C. Connors of counsel), forpetitioner-respondent.
Appeal from an order of the Family Court, Wayne County (Stephen R. Sirkin, J.), enteredMarch 19, 2007 in a proceeding pursuant to Family Court Act article 3. The order, among otherthings, adjudged that respondent is a juvenile delinquent.
It is hereby ordered that the order so appealed from be and the same hereby is unanimouslyaffirmed without costs.
Memorandum: Respondent appeals from an order adjudicating him to be a juveniledelinquent based on findings that he committed an act that, if committed by an adult, wouldconstitute the crime of assault in the third degree (Penal Law § 120.00 [1]). Contrary torespondent's contention, " 'the evidence presented at the hearing, when viewed in the light mostfavorable to the presentment agency . . . , is legally sufficient to prove beyond areasonable doubt that respondent committed the acts alleged in the petition' " (Matter of Brandon S.M., 43 AD3d1371, 1371 [2007]; see Family Ct Act § 342.2 [2]; Matter of Zachary R.F., 37 AD3d1073 [2007]; Matter of Joseph J., 205 AD2d 777 [1994]). We reject respondent'sfurther contention that Family Court's findings are against the weight of the evidence (see Matter of Travis D., 1 AD3d968 [2003]). Respondent failed to preserve for our review his contention that the courtimproperly acted as an advocate for the presentment agency by questioning a witness (seePeople v Charleston, 56 NY2d 886, 887 [1982]), and, in any event, that contention lacksmerit. The record establishes that the court was unable to hear the initial answer of the witness tothe presentment agency's question, and thus asked the witness only one question, for clarification(cf. Matter of Yadiel Roque C., 17AD3d 1168, 1169 [2005]; see generally People v Yut Wai Tom, 53 NY2d 44, 57-58[1981]). Present—Scudder, P.J., Smith, Centra, Lunn and Peradotto, JJ.