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Matter of Aaron

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 666 (N.Y. App. Div. 1993)

Opinion

June 14, 1993

Appeal from the Family Court, Queens County (Ambrosio, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The issue of whether the petitioner adduced legally sufficient evidence to establish the appellant's identity is unpreserved for appellate review (see, People v. Robinson, 187 A.D.2d 739; People v. Williams, 187 A.D.2d 547; see also, People v. Bynum, 70 N.Y.2d 858). In any event, viewing the evidence in the light most favorable to the petitioner (cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant was present at the time of the robbery of the complainant and participated in the crime as a lookout.

Since the case was tried before a court without a jury, the greatest respect must be accorded the determination of the hearing court in assessing the credibility of the witness and resolving disputed questions of fact (see, Matter of Nikim A., 179 A.D.2d 638; Matter of Bernard J., 171 A.D.2d 794). Upon the exercise of our factual review power, we are satisfied that the court's determination was not against the weight of the evidence (cf., CPL 470.15). Sullivan, J.P., Eiber, O'Brien and Pizzuto, JJ., concur.


Summaries of

Matter of Aaron

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 666 (N.Y. App. Div. 1993)
Case details for

Matter of Aaron

Case Details

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

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

Date published: Jun 14, 1993

Citations

194 A.D.2d 666 (N.Y. App. Div. 1993)
599 N.Y.S.2d 1002

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