In re Gilberto M.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The appellant contends that the evidence was legally insufficient to support the fact-finding determination as to attempted gang assault in the first degree and assault in the second degree. Insofar as this contention relates to the issues of justification and physical injury, it is unpreserved for appellate review, as he failed to raise those specific claims before the Family Court (see Matter of Rodolfo M., 79 AD3d 752 [2010]; Matter of Melissa N., 62 AD3d 884 [2009]; Matter of Anthony R., 43 AD3d 939 [2007]; cf. CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 492 [2008]). In any event,…
2Cases cited9 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- People v. HawkinsNew York Court of Appeals · 2008
- Matter of H.New York Court of Appeals · 1987
- In re Hasan C.Appellate Division of the Supreme Court of the State of New York · 2009
- In re Christian M.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by7 opinions
- People v. MorencyAppellate Division of the Supreme Court of the State of New York · 2012
- Matter of Marlon C.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Jaydin R.Appellate Division of the Supreme Court of the State of New York · 2021
- In re Jose A.L.Appellate Division of the Supreme Court of the State of New York · 2013
- In re Jose A.L.Appellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.