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In re Rafael P

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2000
276 A.D.2d 272 (N.Y. App. Div. 2000)

Opinion

October 5, 2000.

Order of disposition, Family Court, New York County (Mary Bednar, J.), entered on or about June 2, 1999, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed acts that, if committed by an adult, would have constituted criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and placed him with the New York State Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

Raymond E. Rogers, for appellant.

Helen P. Brown, for Presentment Agency.

Before: Mazzarelli, J.P., Ellerin, Wallach, Rubin, Saxe, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Appellant's participation in the sale was established by evidence that after the undercover officer offered to buy drugs, appellant responded affirmatively to his companion's question as to whether "we"; had crack, that the two left the officer and entered and exited a building together, and that shortly after the companion consummated the sale, the two were apprehended in each other's company.

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


Summaries of

In re Rafael P

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 2000
276 A.D.2d 272 (N.Y. App. Div. 2000)
Case details for

In re Rafael P

Case Details

Full title:IN RE RAFAEL P., A PERSON ALLEGED TO BE A JUVENILE DELINQUENT,; APPELLANT

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

Date published: Oct 5, 2000

Citations

276 A.D.2d 272 (N.Y. App. Div. 2000)
713 N.Y.S.2d 871