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In re Matter of Tyrone

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 2007
37 A.D.3d 351 (N.Y. App. Div. 2007)

Opinion

No. 323.

February 22, 2007.

Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about January 18, 2006, 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 trespass in the third degree, and placed him on probation for a period of 10 months, unanimously affirmed, without costs.

Tamara A. Steckler, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for presentment agency.

Before: Mazzarelli, J.P., Saxe, Marlow, Nardelli and 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 regarding issues of credibility ( see People v Bleakley, 69 NY2d 490, 495). The credible evidence established that appellant knowingly remained unlawfully in the complainant's house.

The court providently exercised its discretion in determining that a 10-month period of probation rather than an adjournment in contemplation of dismissal was the appropriate disposition ( see Matter of Katherine W., 62 NY2d 947).


Summaries of

In re Matter of Tyrone

Appellate Division of the Supreme Court of New York, First Department
Feb 22, 2007
37 A.D.3d 351 (N.Y. App. Div. 2007)
Case details for

In re Matter of Tyrone

Case Details

Full title:In the Matter of TYRONE D., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Feb 22, 2007

Citations

37 A.D.3d 351 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1487
828 N.Y.S.2d 894