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In the Mtr. of Erica

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2006
32 A.D.3d 764 (N.Y. App. Div. 2006)

Opinion

9014.

September 26, 2006.

Order of disposition, Family Court, Bronx County (Monica Drinane, J.), entered on or about January 5, 2005, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that she committed an act which, if committed by an adult, would constitute the crime of criminal mischief in the third degree, placed her on probation for a period of up to 12 months and ordered that she pay restitution or perform 25 hours of community service, unanimously affirmed, without costs.

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

Michael A. Cardozo, Corporation Counsel, New York (Dona B. Morris of counsel), for presentment agency.

Before: Buckley, P.J., Saxe, Williams, Sweeny and Malone, 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 NY2d 490). There is no basis for disturbing the court's determinations concerning credibility. The victim's testimony established that appellant engaged in conduct evincing an intent to damage the victim's car, and the expert testimony established that the damage met the statutory threshold of $250 (Penal Law § 145.05).


Summaries of

In the Mtr. of Erica

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2006
32 A.D.3d 764 (N.Y. App. Div. 2006)
Case details for

In the Mtr. of Erica

Case Details

Full title:In the Matter of ERICA Z., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Sep 26, 2006

Citations

32 A.D.3d 764 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 6795
821 N.Y.S.2d 560