| Matter of Daniel R. |
| 2008 NY Slip Op 01840 [49 AD3d 266] |
| March 4, 2008 |
| Appellate Division, First Department |
| In the Matter of Daniel R., a Person Alleged to be a JuvenileDelinquent, Appellant. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York City (Suzanne K. Colt of counsel), forpresentment agency.
Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or aboutJune 13, 2007, which adjudicated appellant a juvenile delinquent upon a fact-findingdetermination that he committed acts which, if committed by an adult, would constitute thecrimes of assault in the third degree and menacing in the third degree, and placed him with theOffice of Children and Family Services for a period of 12 months, unanimously affirmed,without costs.
Appellant's challenge to the facial sufficiency of the menacing count of the petition iswithout merit. The petition and its supporting deposition contained specific allegationssupporting the element of intent to place the victim in fear of physical injury (see PenalLaw § 120.15), namely, that appellant threatened to injure the victim, struck him, andthreatened to cause further injury.
To the extent that appellant is challenging the legal sufficiency of the evidence presented atthe fact-finding hearing, that claim is unpreserved and we decline to review it in the interest ofjustice. As an alternative holding, we also reject it on the merits. We also conclude that thecourt's finding was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is nobasis for disturbing the court's determinations concerning credibility. The evidence establishedthat appellant punched the victim in the face, causing bleeding. Evidence that appellant continuedto make threats to hurt the victim after he had [*2]alreadypunched him twice and had to be restrained, and that the victim was frightened by these threats,was sufficient to establish the elements of menacing (see Matter of Troy F., 40 AD3d 352 [2007]).Concur—Andrias, J.P., Friedman, Buckley, McGuire and Moskowitz, JJ.