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In re Akeem B

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 2002
295 A.D.2d 175 (N.Y. App. Div. 2002)

Opinion

1384

June 13, 2002.

Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about May 9, 2001, 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 possession of an imitation pistol in violation of Administrative Code of the City of New York § 10-131(g) and criminal trespass in the third degree, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.

JOEL RUBENSTEIN, for appellant.

MORDECAI NEWMAN, for presentment agency.

Before: Before: Before: Before: Before: Before: Williams, P.J., Andrias, Lerner, Rubin, Friedman, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. The evidence established that the air pistol recovered from appellant constituted an imitation pistol within the meaning of Administrative Code of the City of New York § 10-131(g) (see, People v. Wilson 283 A.D.2d 339, 340, lv denied 97 N.Y.2d 644; see also, People v. Judiz, 38 N.Y.2d 529). Police testimony properly credited by the court also established that appellant unlawfully entered a building used as a public housing project in violation of conspicuously posted rules prohibiting trespassing (Penal Law § 140.10[e]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Akeem B

Appellate Division of the Supreme Court of New York, First Department
Jun 13, 2002
295 A.D.2d 175 (N.Y. App. Div. 2002)
Case details for

In re Akeem B

Case Details

Full title:IN RE AKEEM B., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, APPELLANT…

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

Date published: Jun 13, 2002

Citations

295 A.D.2d 175 (N.Y. App. Div. 2002)
744 N.Y.S.2d 318