Opinion
2015-04-21
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for presentment agency.
Tamara A. Steckler, The Legal Aid Society, New York (John A. Newbery of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for presentment agency.
, J.P., SAXE, RICHTER, GISCHE, KAPNICK, JJ.
Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about March 5, 2014, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of criminal possession of a weapon in the fourth degree, menacing in the second degree, and unlawful possession of an air pistol, and also committed the act of unlawful possession of a weapon by a person under 16, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The evidence, viewed as a whole, satisfied the display element of second-degree menacing ( see People v. Howard, 92 A.D.3d 176, 179–180, 939 N.Y.S.2d 4 [1st Dept.2012], affd. 22 N.Y.3d 388, 981 N.Y.S.2d 310, 4 N.E.3d 320 [2013] ), and also established a sufficient chain of custody to support the weapon possession charges ( see People v. Julian, 41 N.Y.2d 340, 392 N.Y.S.2d 610, 360 N.E.2d 1310 [1977] ).