Matter of William G., 2020 NY Slip Op 06784 [188 AD3d 1055]

November 18, 2020

Appellate Division, Second Department

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In the Matter of William G., a Person Alleged to be a Juvenile Delinquent, Appellant.

Keith G. Ingber, Thompson Ridge, NY, for appellant.

John M. Nonna, County Attorney, White Plains, NY (Jason W. Whitehead of counsel), for respondent.

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, William G. appeals from an order of fact-finding and disposition of the Family Court, Westchester County (Mary Anne Scattarretico-Naber, J.), entered April 26, 2019. The order of fact-finding and disposition, made after a hearing, found that William G. committed acts which, if committed by an adult, would have constituted the crime of assault in the second degree, adjudicated him a juvenile delinquent, and placed him on probation until June 30, 2020.

Ordered that the appeal from so much of the order of fact-finding and disposition as placed the appellant on probation until June 30, 2020, is dismissed as academic, without costs or disbursements, as the period of probation has expired ( see Matter of Raees T.B. , 172 AD3d 707 , 707 [2019]); and it is further, Ordered that the order of fact-finding and disposition is affirmed insofar as reviewed, without costs or disbursements.

The appellant was accused of physically attacking the complainant on a school soccer field as part of a group attack. Following a hearing, the Family Court issued an order of fact-finding and disposition, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crime of assault in the second degree under Penal Law § 120.05 (2).

The appellant’s contention that the evidence was legally insufficient to support the Family Court’s fact-finding determination against him is unpreserved for appellate review ( see Matter of Rodolfo M. , 79 AD3d 752 [2010]). In any event, viewing the evidence in the light most favorable to the presentment agency ( see Matter of Jonathan F. , 177 AD3d 736 , 738 [2019]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the appellant committed acts, individually and in concert with others, which, if committed by an adult, would have constituted the crime of assault in the second degree ( see Penal Law §§ 20.00, 120.05 [2]; Matter of Jason J. , 187 AD2d 652 [1992]; Matter of Juan J. , 180 AD2d 495 [1992]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see Matter of Christopher H. , 123 AD3d 713 , 714 [2014]), we nevertheless accord great deference to the opportunity of the trier of fact to view the witnesses, hear the testimony, and observe demeanor ( see Matter of Dashawn R. , 120 AD3d 1250 , 1251 [2014]). Upon reviewing the record, we are satisfied that the court’s fact-finding determination was not against the weight of the evidence. Mastro, J.P., Austin, Hinds-Radix and Wooten, JJ., concur..