Opinion
1108
May 8, 2003.
Order of disposition, Family Court, Bronx County (Myrna Martinez-Perez, J.), entered on or about January 30, 2002, 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 criminal possession of marijuana in the fifth degree, and placed him in the custody of the State Office of Children and Family Services for a period of 12 months, unanimously affirmed, without costs.
Susan Clement for appellant.
Dona B. Morris for Presentment Agency.
Before: Mazzarelli, J.P., Saxe, Williams, Marlow, Gonzalez, JJ.
The court's finding 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. The officer's observations warranted the conclusion that appellant was in possession of marijuana in a public place, and that the marijuana was open to public view (Penal Law § 221.10; see Matter of Calvin R., 291 A.D.2d 346).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.