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In re Julius S

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2004
3 A.D.3d 321 (N.Y. App. Div. 2004)

Opinion

2638.

Decided January 6, 2004.

Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about September 24, 2002, 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 criminal possession of stolen property in the fifth degree and attempted assault in the third degree, and placed him with the Office of Children and Family Services for a period of up to 12 months, unanimously affirmed, without costs.

Presentment Agency, for Appellant.

Judith Stern, for Appellant.

Ronald E. Sternberg, for Appellant.

Before: Mazzarelli, J.P., Andrias, Saxe, Williams, Friedman, JJ.


The court properly determined that the victim was sufficiently familiar with appellant, a fellow student whom the victim had frequently encountered and occasionally greeted, so that the identifications at issue here were confirmatory and therefore exempt from the notice and hearing requirements of CPL article 710 ( see People v. Rodriguez, 79 N.Y.2d 445). There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 N.Y.2d 759, 761). The record also supports the court's alternate finding that there was an independent source for the identifications.

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


Summaries of

In re Julius S

Appellate Division of the Supreme Court of New York, First Department
Jan 6, 2004
3 A.D.3d 321 (N.Y. App. Div. 2004)
Case details for

In re Julius S

Case Details

Full title:IN RE JULIUS S., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT, Appellant

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

Date published: Jan 6, 2004

Citations

3 A.D.3d 321 (N.Y. App. Div. 2004)
769 N.Y.S.2d 883