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IN THE MATTER OF STEPHANIE
Appellate Division of the Supreme Court of New York, Second Department.
Oct 25, 2004
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Ordered that the order of disposition is affirmed, without costs or disbursements.
The Family Court's determination that the justification defense was disproven beyond a reasonable doubt was supported by the evidence ( see Matter of Y.K., 87 NY2d 430; Matter of Jenette T., 308 AD2d 407). There is no basis for disturbing the Family Court's finding, based on the credibility of the appellant and the complainant, that the appellant assaulted the complainant without justification ( see Penal Law ยง 35.15 [b]; People v. Wahedi, 301 AD2d 541; People v. Soriano, 188 AD2d 420; People v. Davis, 111 AD2d 252).
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