Opinion
2720.
Decided January 22, 2004.
Order of disposition, Family Court, Bronx County (Harold Lynch, J.), entered on or about September 24, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he had committed an act which, if committed by an adult, would have constituted the crime of gang assault in the first degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.
Presentment Agency, for Appellant.
Patricia S. Colella, for Appellant.
Julian L. Kalkstein, for Appellant.
Before: Nardelli, J.P., Ellerin, Williams, Gonzalez, JJ.
The court's finding was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the court and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94). The eyewitness's testimony was credible and was corroborated by appellant's own statement. The credible evidence established that appellant was part of a group of five persons, each of whom actively participated in the assault on the victim ( see People v. Kim, 255 A.D.2d 337).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.