Opinion
2015-00597 (Docket No. D-7478-14)
11-18-2015
In the Matter of BRANDON V. (Anonymous), appellant.
Geanine Towers, P.C., Brooklyn, N.Y., attorney for the child, the appellant, Brandon V. Zachary W. Carter, Corporation Counsel, New York, N.Y. ( Pamela Seider Dolgow and Alyssa Bliss of counsel), for respondent.
Geanine Towers, P.C., Brooklyn, N.Y., attorney for the child, the appellant, Brandon V.
Zachary W. Carter, Corporation Counsel, New York, N.Y. ( Pamela Seider Dolgow and Alyssa Bliss of counsel), for respondent.
Opinion
Appeal from an order of disposition of the Family Court, Kings County (Terrence J. McElrath, J.), dated December 23, 2014. The order adjudicated Brandon V. a juvenile delinquent and placed him on probation for a period of 24 months. The appeal brings up for review an order of fact-finding of that court dated October 14, 2014, which, after a hearing, found that Brandon V. committed acts which, if committed by an adult, would have constituted the crimes of robbery in the third degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree.
ORDERED that the order of disposition is affirmed, without costs or disbursements.
The appellant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review, as he made only a general motion to dismiss for failure to establish a prima facie case at the close of the presentment agency's case (see Matter of Myron J., 123 A.D.3d 1030, 1031, 999 N.Y.S.2d 169; Matter of Jonathan F., 72 A.D.3d 963, 898 N.Y.S.2d 516; cf. CPL 470.052 ). In any event, “the evidence supporting a fact-finding in a juvenile delinquency proceeding is legally sufficient if, viewing that evidence in the light most favorable to the presentment agency, any rational trier of fact could have found the appellant's commission of all the elements of the charged crimes beyond a reasonable doubt” (Matter of Darnell G., 125 A.D.3d 969, 5 N.Y.S.3d 180 [internal quotation marks omitted]; see Matter of Christopher H., 123 A.D.3d 713, 714, 997 N.Y.S.2d 682; Matter of Danielle B., 94 A.D.3d 757, 758, 941 N.Y.S.2d 685). The evidence adduced at the fact-finding hearing, including the complainant's unequivocal testimony, was legally sufficient to support the finding that the appellant committed acts which, if committed by an adult, would have constituted the crimes of robbery in the third degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree (see Matter of Ellius R., 97 A.D.3d 586, 587, 947 N.Y.S.2d 882). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see Matter of Darnell G., 125 A.D.3d 969, 5 N.Y.S.3d 180; Matter of Christopher H., 123 A.D.3d at 714, 997 N.Y.S.2d 682; Matter of Dashawn R., 120 A.D.3d 1250, 1251, 992 N.Y.S.2d 122), we nevertheless accord great deference to the opportunity of the fact-finder to view the witnesses, hear the testimony, and observe demeanor (see Matter of Darnell G., 125 A.D.3d 969, 125 A.D.3d 969; Matter of Christopher H., 123 A.D.3d at 714, 997 N.Y.S.2d 682; Matter of Dajahn M., 110 A.D.3d 812, 813, 973 N.Y.S.2d 248). The Family Court's credibility determinations should not be disturbed unless clearly unsupported by the record (see Matter of Darnell G., 125 A.D.3d 969, 5 N.Y.S.3d 180; Matter of Christopher H., 123 A.D.3d at 714, 997 N.Y.S.2d 682; Matter of Dashawn R., 120 A.D.3d at 1251, 992 N.Y.S.2d 122). Upon reviewing the record, we are satisfied that the fact-finding determination of the Family Court was not against the weight of the evidence.