Opinion
3382.
Decided April 15, 2004.
Order of disposition, Family Court, New York County (Sheldon M. Rand, J.), entered on or about April 11, 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 menacing in the third degree, and imposed a conditional discharge for a period of 1 year, unanimously affirmed, without costs.
Monica Drinane, Legal Aid Society, New York (Susan Clement of counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for presentment agency.
Before: Andrias, J.P., Lerner, Friedman, Marlow, JJ.
The court's finding was based on 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 N.Y. 84, 94). The credible evidence established each of the elements of menacing in the third degree (Penal Law § 120.15).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.