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In the Matter of Ramel B

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2004
6 A.D.3d 225 (N.Y. App. Div. 2004)

Opinion

3315.

Decided April 13, 2004.

Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about November 25, 2002, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that appellant committed an act which, if committed by an adult, would constitute the crime of resisting arrest, and imposed a conditional discharge for a period of 12 months, unanimously affirmed, without costs.

Monica Drinane, Legal Aid Society, New York (Diane Pazar of counsel), for appellant.

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

Before: Tom, J.P., Saxe, Ellerin, Lerner, Gonzalez, JJ.


The petition and supporting deposition alleged facts, which, if true, establish that appellant resisted an arrest that was authorized by law ( see Penal Law § 205.30; cf. People v. Alejandro, 70 N.Y.2d 133).

The court's finding was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the court's determinations concerning credibility, including its weighing of conflicting testimony. We note that the officer's testimony was corroborated by that of a bus dispatcher that appellant was behaving in a disorderly fashion and had resisted arrest.

The court properly concluded that a conditional discharge was an appropriate disposition and declined to dismiss the petition.

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


Summaries of

In the Matter of Ramel B

Appellate Division of the Supreme Court of New York, First Department
Apr 13, 2004
6 A.D.3d 225 (N.Y. App. Div. 2004)
Case details for

In the Matter of Ramel B

Case Details

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

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

Date published: Apr 13, 2004

Citations

6 A.D.3d 225 (N.Y. App. Div. 2004)
774 N.Y.S.2d 325