Opinion
382
March 6, 2003.
Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about May 17, 2001, 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 attempted assault in the second degree, and imposed a conditional discharge, unanimously affirmed, without costs.
Marcia Egger, for appellant.
Mordecai Newman, for Presentment Agency.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Marlow, JJ.
The fact-finding determination was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94). Although appellant introduced photographs that purportedly contradicted the victim's testimony, these photographs were not shown to have accurately depicted the crime scene at the time in question. Furthermore, the victim's injuries were consistent with his account of the manner in which the crime was committed.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.