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Matter of Clarence B. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)

Opinion

Submitted June 17, 1999

October 21, 1999

Peter Wilner, Jamaica Estates, N.Y., for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Kristin M. Helmers and Helen P. Brown of counsel), for respondent.

SONDRA MILLER, J.P., FRED T. SANTUCCI, THOMAS R. SULLIVAN, ANITA R. FLORIO, JJ.


DECISION ORDER

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Ambrosio, J.), dated July 1, 1996, which, upon a fact-finding order of the same court, dated May 3, 1996, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of rape in the first degree, sexual abuse in the first degree, and unlawful imprisonment in the first degree, adjudged him to be a juvenile delinquent and placed him with the Probation Department of Kings County of a period of two years. The appeal brings up for review the fact-finding order dated May 3, 1996.

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

Viewing the evidence in the light most favorable to the presentment agency (cf., People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the appellant' s guilt beyond a reasonable doubt (see, Family Ct Act 342.2; Matter of Dennis M., 224 A.D.2d 695 ). In addition, upon the exercise of our factual review power, we are satisfied that the findings of fact are not against the weight of the evidence (cf., CPL 470.15[5]; see, Matter of Dennis M., supra; cf., People v. Hobot, 200 A.D.2d 586, affd 84 N.Y.2d 1021 ).

The appellant's remaining contentions are either unpreserved for appellate review or without merit.

S. MILLER, J.P., SANTUCCI, SULLIVAN, and FLORIO, JJ., concur.


Summaries of

Matter of Clarence B. [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 21, 1999
(N.Y. App. Div. Oct. 21, 1999)
Case details for

Matter of Clarence B. [2d Dept 1999

Case Details

Full title:IN THE MATTER OF CLARENCE B. (ANONYMOUS), appellant

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

Date published: Oct 21, 1999

Citations

(N.Y. App. Div. Oct. 21, 1999)