Opinion
No. 4582.
November 18, 2008.
Order of disposition, Family Court, Bronx County (Juan M. Merchan, J.), entered on or about January 10, 2008, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of course of sexual conduct against a child in the first degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
Presentment Agency, Tamara A. Steckler, The Legal Aid Society, New York (Judith Stern of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), for presentment agency.
Tom, J.P., Andrias, Friedman, Catterson and Acosta, JJ.
The 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). There is no basis for disturbing the court's determinations concerning credibility. The evidence supported the conclusion that the course of sexual conduct extended "over a period of time not less than three months in duration," as required by Penal Law § 130.75. The victim's testimony, coupled with other evidence, circumstantially established a time line ( see e.g. People v Paramore, 288 AD2d 53, lv denied 97 NY2d 759) that began in approximately September 2006 and extended until at least May 2007.