Opinion
February 2, 1999
Appeal from the Family Court, Bronx County (Gayle Roberts, J.).
The court's findings were not against the weight of the evidence. We see no reason to disturb the court's credibility determinations.
As the presentment agency correctly concedes, appellant is entitled to dismissal of the, attempted petit larceny count as a lesser included offense.
Concur — Ellerin, J. P., Williams, Wallach and Tom, JJ.