Opinion
June 15, 1999.
Appeal from the Family Court, Bronx County (John Hunt, J.).
As the Presentment Agency correctly concedes, insufficient evidence was introduced to prove counts three and six of the petition charging grand larceny in the fourth degree and possession of stolen property in the fourth degree based on theft and possession of the complainant's credit or debit card. The charge of petit larceny is dismissed as a lesser included offense of grand larceny in the fourth degree.
The court's findings as to the other counts were not against the weight of the evidence. We see no reason to disturb the court's determinations concerning identification.
Concur — Sullivan, J.P., Rosenberger, Tom, Saxe and Buckley, JJ.