MATTER OF AHMED I.


49 A.D.3d 319 (2008)

856 N.Y.S.2d 10

In the Matter of AHMED I., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided March 11, 2008.


There was nothing in appellant's counsel's summation, or in any other aspect of the fact-finding hearing, that was sufficient to raise a justification defense. Accordingly, his claim that the presentment agency failed to disprove that defense is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. We also find that the court's finding was not against the weight of the

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