From Casetext: Smarter Legal Research

In the Matter of Marshall

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2006
27 A.D.3d 204 (N.Y. App. Div. 2006)

Opinion

7986.

March 2, 2006.

Order of disposition, Family Court, New York County (Susan R. Larabee, J.), entered on or about June 8, 2005, 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 grand larceny in the fourth degree, and placed him with the Office of Children and Family Services for a period of up to 18 months, unanimously affirmed, without costs.

Presentment Agency Tamara A. Steckler, The Legal Aid Society, New York (Marcia Egger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Ann E. Scherzer of counsel), for presentment agency.

Before: Buckley, P.J., Andrias, Saxe, Friedman and Williams, JJ., concur.


The fact-finding determination was supported by 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 NY 84, 94). The court credited the victim's testimony, which clearly and unequivocally established appellant's guilt.

The disposition was an appropriate exercise of discretion, constituting the least restrictive alternative consistent with appellant's needs and those of the community given his pattern of misconduct, including a prior assault for which he had been placed on probation, as well as relevant social factors ( see Matter of Katherine W., 62 NY2d 947).


Summaries of

In the Matter of Marshall

Appellate Division of the Supreme Court of New York, First Department
Mar 2, 2006
27 A.D.3d 204 (N.Y. App. Div. 2006)
Case details for

In the Matter of Marshall

Case Details

Full title:In the Matter of MARSHALL H., a Person Alleged to be a Juvenile…

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

Date published: Mar 2, 2006

Citations

27 A.D.3d 204 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1514
809 N.Y.S.2d 455