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In re Afortunado

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2009
60 A.D.3d 554 (N.Y. App. Div. 2009)

Opinion

March 26, 2009.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about August 5, 2008, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed acts, which, if committed by an adult, would constitute the crimes of robbery in the second degree, criminal possession of stolen property in the fifth degree and obstructing governmental administration, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Before: Andrias, J.P., Gonzalez, Buckley 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 identification and credibility (see People v Bleakley, 69 NY2d 490, 495). The evidence included the victim's identification of appellant and the recovery of the victim's property from appellant immediately after the crime. We have considered and rejected appellant's remaining claims, including those relating to the obstructing governmental administration charge.


Summaries of

In re Afortunado

Appellate Division of the Supreme Court of New York, First Department
Mar 26, 2009
60 A.D.3d 554 (N.Y. App. Div. 2009)
Case details for

In re Afortunado

Case Details

Full title:In the Matter of AFORTUNADO S., a Person Alleged to be a Juvenile…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 26, 2009

Citations

60 A.D.3d 554 (N.Y. App. Div. 2009)
874 N.Y.S.2d 807