In re Donte W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*491The court’s finding was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning credibility. The evidence supports the inference that appellant, while acting in concert with other persons, attacked the victim with the intent to injure him.
Appellant challenges a 911 call, in which a nontestifying declarant describes the ongoing incident and refers to appellant by name, as violating his right of confrontation and his right to notice of an…
2Cases cited5 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- Davis v. WashingtonSupreme Court of the United States · 2006
- People v. MorenoNew York Court of Appeals · 1987
- In re Katherine W.New York Court of Appeals · 1984
- People v. IrickAppellate Division of the Supreme Court of the State of New York · 1988