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Matter of James S

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 910 (N.Y. App. Div. 1998)

Opinion

November 13, 1998

Appeal from Order of Chautauqua County Family Court, Hartley, J. — Juvenile Delinquency.

Present — Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.


Order unanimously affirmed without costs. Memorandum: Family Court's determination that respondent committed acts that, if committed by an adult, would constitute the crimes of petit larceny (Penal Law § 155.25) and burglary in the second degree (Penal Law § 140.25) is supported by the record ( see, Matter of George L., 173 A.D.2d 470). "The conflicting testimony of the witnesses presented an issue of credibility for Family Court to resolve" ( Matter of Elrheihem T., 185 A.D.2d 626), and "[t]he court, as the trier of fact, was entitled to resolve questions of credibility against respondent" ( Matter of Edward V., 204 A.D.2d 1060).


Summaries of

Matter of James S

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1998
255 A.D.2d 910 (N.Y. App. Div. 1998)
Case details for

Matter of James S

Case Details

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

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

Date published: Nov 13, 1998

Citations

255 A.D.2d 910 (N.Y. App. Div. 1998)
680 N.Y.S.2d 884