Respondent's abuse of the subject children was established by proof demonstrating that he murdered the children's mother in the children's home while they were present ( see Matter of Jayvon L., 18 AD3d 292). Respondent's contention that the abuse finding is not sustainable respecting the children not biologically related to him because he was not a person legally responsible for their care is without merit. The proof, including transcripts of respondent's testimony from the trial at which he was convicted of the murder of the children's mother, established, as a matter of law, that respondent was, in fact, a person legally responsible for the children's care ( see Matter of Faith GG., 179 AD2d 901, lv denied 80 NY2d 752).
We have considered respondent's remaining argument challenging the court's conditional denial of visitation with Devina S., and find it meritless.