Legal Opinion

In re Daniel R.

Appellate Division of the Supreme Court of the State of New York

Decided March 4, 2008PublishedCited by 4 opinions

1Opinion of the Court

Appellant’s challenge to the facial sufficiency of the menacing count of the petition is without merit. The petition and its sup*267porting deposition contained specific allegations supporting the element of intent to place the victim in fear of physical injury (see Penal Law § 120.15), namely, that appellant threatened to injure the victim, struck him, and threatened to cause further injury.

To the extent that appellant is challenging the legal sufficiency of the evidence presented at the fact-finding hearing, that claim is unpreserved and we decline to review it in the interest of justice. As an…

2Cases cited2 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. In re Troy F.Appellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. Gil v. GilAppellate Division of the Supreme Court of the State of New York · 2008
  2. Matter of Omobolanle O. v. Kevin J.Appellate Division of the Supreme Court of the State of New York · 2017
  3. In re Tamia C.Appellate Division of the Supreme Court of the State of New York · 2013
  4. In re Tamia C.Appellate Division of the Supreme Court of the State of New York · 2013

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