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In Matter of James D.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2004
6 A.D.3d 361 (N.Y. App. Div. 2004)

Opinion

3506.

Decided April 29, 2004.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about February 25, 2003, 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 petit larceny, and placed him on probation for 12 months, unanimously affirmed, without costs.

Monica Drinane, The Legal Aid Society, New York (Raymond E. Rogers of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for presentment agency.

Before: Tom, J.P., Ellerin, Lerner, Marlow, JJ.


The court's finding was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). Issues of identification and credibility were properly considered by the court and we perceive no basis to disturb its determinations. The victim had an ample opportunity to observe appellant and provided reliable identification testimony.

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


Summaries of

In Matter of James D.

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 2004
6 A.D.3d 361 (N.Y. App. Div. 2004)
Case details for

In Matter of James D.

Case Details

Full title:IN RE JAMES D., A Person Alleged to be a Juvenile Delinquent, Appellant

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

Date published: Apr 29, 2004

Citations

6 A.D.3d 361 (N.Y. App. Div. 2004)
775 N.Y.S.2d 523