Opinion
No. 4075.
September 15, 2011.
Order of disposition, Family Court, Bronx County (George J. Silver, J.), entered on or about November 20, 2009, which adjudicated appellant a juvenile delinquent upon a fact-finding determination that he committed acts that, if committed by an adult, would constitute the crimes of attempted assault in the second and third degrees, criminal possession of a weapon in the fourth degree, and menacing in the second and third degrees, and placed him on probation for a period of 12 months, unanimously affirmed, without costs.
Presentment Agency, Tamara A. Steckler, The Legal Aid Society, New York (Susan Clement of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Elina Druker of counsel), for presentment agency.
Before: Tom, J.P., Mazzarelli, Friedman, Renwick and DeGrasse, JJ.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). There is no basis for disturbing the court's determinations concerning credibility. The evidence supports inferences that appellant, either personally or as an accessory under Penal Law § 20.00, committed each of the offenses at issue. Furthermore, although there was evidence relating to two victims, the attempted assault and menacing counts were not duplicitous, either facially or under the facts presented ( see People v Wells, 7 NY3d 51, 56-57).
Regardless of whether the court should have drawn a missing witness inference with regard to one of the victims, there was no prejudice to appellant, because the court specifically noted that, even if it had drawn an adverse inference, its finding would have been the same.