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MATTER OF D.

208 A.D.2d 360 (1994)

617 N.Y.S.2d 157

In the Matter of Marvin D., a Person Alleged to be a Juvenile Delinquent, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 1994

Viewing the evidence in the light most favorable to the presenting agency (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), a rational trier of fact could find beyond a reasonable doubt that appellant intended to cause injury to the victim by tapping, then slapping, then smacking and finally punching the victim, thus establishing the elements of attempted assault in the third degree. The evidence at the fact-finding...

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