Opinion
1980
October 23, 2003.
Order of disposition, Family Court, New York County (Sheldon Rand, J.), entered on or about April 19, 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 attempted assault in the third degree, and placed appellant on probation for a period of 1 year, unanimously affirmed, without costs.
Susan Clement, for appellant.
Drake A. Colley, for Presentment Agency.
Before: Saxe, J.P., Rosenberger, Friedman, Marlow, 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 (see People v. Gaimari, 176 N.Y. 84, 94). Contrary to appellant's assertion, the testimony of the victim's mother clearly and consistently established that defendant instigated and participated in the attack on the victim.
The court appropriately asked some clarifying questions (see People v. Moulton, 43 N.Y.2d 944), and it did not prevent appellant from pursuing any proper line of inquiry on cross-examination of the victim's mother.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.